Neighbour's Dog Barking or Biting: Your Rights in Ontario

A dog that barks all day is frustrating. A dog that bites or lunges at you or your pet is frightening. Ontario law treats these as different problems and gives different tools for each.

This article explains where to start with barking, what the Dog Owners' Liability Act says when a dog bites or attacks, and what civil claims can look like. It is general information, so talk to a lawyer about your own facts.

Barking: start with your municipality

There is no single provincewide rule on barking. A local municipality may prohibit and regulate noise by by-law, and may require permits for these matters. Whether barking falls under a noise by-law, an animal control by-law, or both depends on how your municipality has written its rules.

Quiet hours, the number of warnings, fines and the way to complain all vary. Check your municipality's website or call by-law enforcement to learn what applies where you live.

Municipal animal rules can go further. Where a municipality regulates or prohibits animals being at large or trespassing, the Municipal Act, 2001 provides for impounding and sale of the animals. If a municipality requires a dog to be muzzled, council must hold a hearing when the owner asks to be exempted.

When a dog bites or attacks

Under the Dog Owners' Liability Act, the owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal. The liability is strict. It does not depend on the owner knowing the dog's tendencies, or on any fault or negligence of the owner.

If the attack happens on the owner's own premises, the owner's liability is decided under the Dog Owners' Liability Act and not under the Occupiers' Liability Act.

There are limits and exceptions:

• Your own fault. The court must reduce damages in proportion to the degree to which your fault or negligence caused or contributed to them.
• Several owners. Where a dog has more than one owner, they are jointly and severally liable, and an owner who pays may recover contribution and indemnity from any other person in proportion to that person's fault.
• Crime on the premises. The owner is not liable to a person who is on the premises intending to commit, or committing, a criminal act there, unless keeping the dog on the premises was unreasonable for protecting persons or property.

Court orders to control a dangerous dog

Beyond damages, a proceeding may be started in the Ontario Court of Justice against a dog owner if it is alleged that the dog has bitten or attacked a person or domestic animal, that it has behaved in a way that poses a menace to their safety, or that the owner did not take reasonable precautions to prevent this.

If the court is satisfied that an order is necessary to protect the public, it may order the dog destroyed or order the owner to take control measures. Examples include confining the dog to the owner's property, a leash, a muzzle and warning signs. Interim control orders are also available.

Offences under the Act carry real penalties. An individual faces a fine of up to $10,000, up to six months' imprisonment, or both, and a corporation faces a fine of up to $60,000. The court may also order compensation or restitution.

Civil claims for injury or ongoing disruption

If you have been hurt, or your pet has, you can claim damages from the owner under the Act. The Small Claims Court hears money claims up to $50,000, not counting interest and costs. Larger or more complex claims may belong in a different court, so ask a lawyer before you file.

Time matters. The basic limitation period is two years from the day the claim was discovered. Claimants are presumed to have known on the day the act happened, unless the contrary is proved.

What to do next

• Get medical care first if you or a family member was bitten, and keep every record.
• Report a bite or attack to animal control or the police so there is an official record.
• Photograph injuries, torn clothing and the location.
• Collect the owner's name and contact details, and the names of any witnesses.
• For barking, keep a dated log with times and length of episodes.
• Read your municipality's noise and animal by-laws and file a complaint.
• See a lawyer about damages, court orders and your deadline.

Frequently asked questions