Overview
The Dog
Owners Liability Act (Dog Owners' Liability Act, R.S.O. 1990, c. D.16)
provides:
Liability of owner
2. (1) The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal. R.S.O. 1990, c. D.16, s. 2 (1).
Where more than one owner
(2) Where there is more than one owner of a dog, they are jointly and severally liable under this section. R.S.O. 1990, c. D.16, s. 2 (2).
Extent of liability
(3) The liability of the owner does not depend upon knowledge of the propensity of the dog or fault or negligence on the part of the owner, but the court shall reduce the damages awarded in proportion to the degree, if any, to which the fault or negligence of the plaintiff caused or contributed to the damages. R.S.O. 1990, c. D.16, s. 2 (3).
Contribution by person at fault
(4) An owner who is liable to pay damages under this section is entitled to recover contribution and indemnity from any other person in proportion to the degree to which the other person’s fault or negligence caused or contributed to the damages. R.S.O. 1990, c. D.16, s. 2 (4).
Application of Occupiers’ Liability Act
3. (1) Where damage is caused by being bitten or attacked by a dog on the premises of the owner, the liability of the owner is determined under this Act and not under the Occupiers’ Liability Act. R.S.O. 1990, c. D.16, s. 3 (1).
Protection of persons or property
(2) Where a person is on premises with the intention of committing, or in the commission of, a criminal act on the premises and incurs damage caused by being bitten or attacked by a dog, the owner is not liable under section 2 unless the keeping of the dog on the premises was unreasonable for the purpose of the protection of persons or property. R.S.O. 1990, c. D.16, s. 3 (2).
The dog owner is
not only liable in damages, but also may be convicted of a crime and fined.
"The owner of a dog shall exercise reasonable precautions to prevent it
from biting or attacking a person or domestic animal." 2000, c. 26, Sched.
A, s. 6. If a person fails to exercise such precautions, he or she may
be found "guilty of an offence and liable, on conviction, to a fine not
exceeding $5,000." R.S.O. 2000, c. 26, Sched. A, s. 6.
There are two significant differences in civil liability standards between Ontario law and the most common USA laws:
- Ontario does not automatically exempt trespassers.
Trespassers are not mentioned in the Dog Owners Liability Act. The Act
is the only law that provides liability. "Where damage is caused by being
bitten or attacked by a dog on the premises of the owner, the liability
of the owner is determined under this Act and not under the Occupiers'
Liability Act." R.S.O. 1990, c. D.16, s. 3 (1). In cases involving children bitten by dogs, defense attorneys often contend that the child was trespassing even if the accident happened in the front yard. Therefore Ontario law is more protective of the usual dog bite victims than USA law.
- Ontario does
not automatically exempt criminals if the keeping of the dog was unreasonable in the first instahce. "Where a person is on premises with
the intention of committing, or in the commission of, a criminal act on
the premises and incurs damage caused by being bitten or attacked by a
dog, the owner is not liable under section 2 unless the keeping of the
dog on the premises was unreasonable for the purpose of the protection
of persons or property." R.S.O. 1990, c. D.16, s. 3 (2). This provision reflects a policy of making dog owners the insurers of dogs that are known to be dangerous or vicious. The message to dog owners is that Ontario refuses to tolerate bad dogs. This reflects a judgment that many consider to be necessary and proper.
In addition to awarding a judgment for damages, a court may issue orders
pertaining to the control or euthanasia of the dog. "If, in a proceeding
under subsection (1), the court finds that the dog has bitten or attacked
a person or
domestic animal, and the court is satisfied that an order is necessary
for the protection of the public, the court
may order, (a) that the dog be destroyed in the manner specified in
the order; or (b) that the owner of the dog take the measures specified
in the order for the more effective control of the dog." R.S.O. 2000, c. 26, Sched.
A, s. 6.
For information about Ontario dog law other than dog bites, see the dog and cat control section of the website Is That Legal by attorney Simon Shields.
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