Can I sue someone who was watching a dog but doesn't own it after a bite in Ontario?
Yes. The Dog Owners' Liability Act's strict liability is not limited to the dog's registered or legal owner; it also extends to a person who has possession or control of the dog at the time of the bite, such as someone dog-sitting, walking the dog for a friend, or otherwise looking after it temporarily. This means a claim can potentially be brought against whoever was actually in charge of the dog when the incident occurred, rather than being limited only to the person whose dog it technically is.
In some situations, both the legal owner and the person who had care and control at the time can face liability together, depending on the circumstances and their respective roles at the moment of the incident. Establishing exactly who had control of the dog, and under what arrangement, at the specific moment of the bite is often an important factual issue in these cases, particularly where the dog was being looked after by someone other than its owner and there is a question about whether that arrangement transferred meaningful control to the person watching it.
Key takeaways
- The Dog Owners' Liability Act extends to whoever has possession or control of the dog, not just the owner.
- Someone dog-sitting or walking a dog for another person can be liable if it bites.
- Both the owner and the person in control at the time can potentially be named in a claim.
- Establishing who actually controlled the dog at the relevant moment is a key factual issue.