In my previous blog “Ontario’s Enhanced Anti-Cruelty Law” (posted January 18, 2009), I mentioned several new prohibitions under the new law, including causing animals distress and owning an animal fighting structure or equipment. Today I’d like to talk about liabilities specific to dog owners.

Under the Dog Owners Liability Act, R.S.O. 1990 c. D16, dog owners are liable “for damages resulting from a bite or attack by the dog on another person or domestic animal.”

Unlike other civil liabilities, the dog owner’s liabilities are not dependent on his or her negligence. Rather, the owner is liable regardless of the offending dog’s history and propensity to aggression.+

Although the offending dog’s owner is prima facie (meaning, at first sight) liable for injuries caused by the dog, in determining damages 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.”*

For example, if someone provoked your dog into biting him or her, you would be liable for the damages or injuries done to the victim, even if the victim was literally poking your dog in the eye with a stick. At the same time, if the court finds that the victim-plaintiff is partially or wholly at fault, the compensation award will be reduced accordingly.

Some may ponder, “What about guard dogs?” If a guard dog bites a burglar who is trespassing, is the owner liable?

The short answer is no.

Section 3(2) of the Act states, “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 … unless the keeping of the dog on the premises was unreasonable for the purpose of the protection of persons or property.”

+s. 2(1)

*s. 2(3)