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Suing a Pet Sitter or Boarding Business in Ontario Small Claims Court

Your pet was injured, lost, or mistreated in a sitter’s or kennel’s care? Learn how to sue a pet sitter in Ontario Small Claims Court and what to prove.

Litigation5 min readTSLBy the Treadstone Law team · OntarioUpdated 2026-07
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Key takeaways
  • Injury While in Their Care If your pet was hurt due to the sitter’s carelessness — left unsupervised near a hazard, allowed to get into a fight, given the wrong medication or food — this…
  • When you leave your pet with a sitter or kennel, the law generally treats that as creating a duty to take reasonable care of the animal while it’s in their possession — a long-standing…
  • Many pet sitting and boarding businesses have clients sign a waiver or liability release before service begins.

You hand your pet over to a sitter or a boarding kennel trusting that they’ll be as careful as you would be. When that trust breaks — a pet is injured on their watch, goes missing, or comes home showing signs of neglect — you’re usually left with vet bills, a traumatized animal, and a business or individual who may or may not take responsibility. In that situation, you can generally sue a pet sitter in Ontario Small Claims Court.

This article covers what kind of claim applies, the legal idea behind it, and how to build a case that holds up.

What Counts as a Valid Claim Against a Pet Sitter

Injury While in Their Care

If your pet was hurt due to the sitter’s carelessness — left unsupervised near a hazard, allowed to get into a fight, given the wrong medication or food — this points toward a negligence claim.

Loss or Escape

A pet that goes missing while boarded or sat, especially where a gate was left open or a leash wasn’t properly secured, is one of the more serious failures and often the clearest evidence of carelessness.

Neglect or Mistreatment

Signs a pet wasn’t fed, exercised, or given needed medication as promised, or was otherwise treated poorly, can support a claim even without a single dramatic incident.

Breach of the Service Agreement

If you paid for specific services (daily walks, medication administration, updates) and they simply weren’t provided, that’s a more straightforward contract claim regardless of whether harm resulted.

The Legal Concept Behind These Claims: A Sitter’s Duty of Care

When you leave your pet with a sitter or kennel, the law generally treats that as creating a duty to take reasonable care of the animal while it’s in their possession — a long-standing common-law principle that applies whenever someone takes temporary custody of another person’s property or animal for a fee. "Reasonable care" doesn’t mean perfection; accidents can happen even with careful sitters. It does mean a level of attentiveness and precaution that a responsible sitter in that situation would exercise. Whether a specific sitter met that standard is the central question in most of these disputes.

Contracts and Liability Waivers

Many pet sitting and boarding businesses have clients sign a waiver or liability release before service begins. These aren’t necessarily a complete bar to a claim — a waiver may reduce or limit what’s recoverable for ordinary risks the client accepted, but courts are generally reluctant to let a waiver excuse conduct that fell well below a reasonable standard of care. Read the specific wording of what you signed before assuming it blocks your claim entirely.

Evidence to Collect

Making Your Claim in Small Claims Court

  1. Send a written demand describing what happened, your losses (vet bills, and reasonable additional costs), and a deadline to respond.
  2. File a Plaintiff’s Claim. Pet sitting disputes typically fall well within Small Claims Court’s monetary jurisdiction, currently $50,000 exclusive of costs and interest (current as of mid-2026 — confirm before filing, as the limit is periodically adjusted).
  3. Serve the sitter or business properly, at their registered address if they operate as a company.
  4. Watch for a Defence. If none is filed in time, you can generally move for default judgment.
  5. Attend the mandatory settlement conference if the claim is defended, which happens before any trial date.

Frequently asked questions

The sitter says my pet’s condition was pre-existing. How do I counter that?

Vet records from before the sitting arrangement started are the strongest evidence here — if you have a recent clean bill of health predating the incident, it directly undercuts a pre-existing condition argument.

What if the sitter was an informal arrangement through a neighbour, not a registered business?

You can still generally bring a claim; the duty of reasonable care applies whether or not the sitter is operating as a formal business. It may, however, affect how easy the person is to serve and whether a judgment against them is realistically collectible.

Can I claim for my own emotional distress, not just vet bills?

Ontario courts are generally cautious about awarding damages for emotional distress connected to harm to a pet, treating pets primarily as property in the legal sense even though that doesn’t reflect how most owners feel. Focus your claim on documented financial losses.

What if the pet sitting app or platform I booked through disclaims responsibility?

Platforms often position themselves as a booking intermediary rather than the service provider, which can shift your claim toward the individual sitter rather than the platform. The specific terms you agreed to when booking matter here.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

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