Neighbour's Dog Bit Me or My Pet in Ontario: Who Is Liable?

If a neighbour's dog has bitten you or attacked your pet, you are probably dealing with injuries or vet bills, and also with an awkward relationship next door. It helps to know that Ontario has a specific statute that deals with this situation.

This article explains who is responsible, what can reduce or defeat a claim, where and how quickly you can claim money, and what the separate process for control orders looks like. It is general information, not advice on your own situation.

The owner is strictly liable 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 on a domestic animal. That covers your own injuries and, in the case of a pet, an attack on your animal.

The liability is strict. It does not depend on the owner knowing the dog had a tendency to bite, and it does not depend on any fault or negligence by the owner. So you do not have to show that the neighbour ignored warning signs or failed to fence the yard.

This also applies when the bite happens on the owner's own property. In that case the owner's liability is decided under the Dog Owners' Liability Act and not under the Occupiers' Liability Act.

What can reduce or defeat a claim

Strict liability is not absolute. The law sets out several situations that change the result:

• Your own fault: the court must reduce damages in proportion to the degree to which your fault or negligence caused or contributed to them.
• More than one owner: where a dog has more than one owner, they are jointly and severally liable, so you can pursue any of them.
• 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.

Whether any of these applies often turns on details such as how the encounter started, so it is worth writing down exactly what happened while it is fresh.

One further point concerns the owner rather than your claim: an owner who pays may recover contribution and indemnity from any other person in proportion to that person's fault. That is a matter between the owner and the other person.

Claiming money: court, amount and deadlines

The Small Claims Court hears money claims up to the prescribed amount, not counting interest and costs. That amount is currently $50,000. Many dog bite claims, such as vet bills or moderate injury claims, may fit within that limit, though a serious injury can exceed it and is worth discussing with a lawyer.

Time limits matter. The basic limitation period is two years from the day the claim was discovered. A claim is discovered on the earlier of the day you actually knew the relevant matters and the day a reasonable person in your circumstances ought to have known them, and you are presumed to have known on the day the bite happened unless you can prove otherwise. In any event, no proceeding may be started after the 15th anniversary of the day the act took place.

Control orders, destruction orders and offences

Separately from any claim for compensation, a proceeding may be started in the Ontario Court of Justice against a dog owner. It can allege 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 of control measures are confining the dog to the owner's property, a leash, a muzzle and warning signs. Interim control orders are also available while the matter is pending.

An individual who commits an offence under the Act 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.

Local by-laws and what to do next

Municipalities add their own rules. 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. Animal-control rules, fines and complaint procedures differ from one municipality to another, so check with your local animal services.

• Get medical or veterinary care first and keep every record and receipt.
• Take dated photos of injuries, torn clothing and the location.
• Write down what happened, who saw it and the owner's name and contact details.
• Report the incident to your municipality's animal control or police.
• Note the date of the bite so you can track the two-year deadline.
• Talk to a lawyer if the injuries are serious, the owner disputes what happened or the claim may exceed the Small Claims Court limit.

Frequently asked questions