What the Dog Owners’ Liability Act means for your claim

Before the Act came into force, an injured person had to prove the owner knew the dog had a tendency to bite or act aggressively – the so-called “scienter” doctrine. The old expression “every dog gets one free bite” captured the idea, even if it wasn’t technically accurate. A dog that chased cyclists without ever catching one could still put its owner on notice.

The Act changed that. Under R.S.O. 1990, c. D.16, the owner of a dog is liable for damages resulting from a bite or attack on another person or domestic animal. No prior knowledge required. No history of aggression required. No negligence required.

The practical effect: you don’t have to prove anything about the dog’s past. You just have to prove the attack happened and that the person you’re claiming against owned – or was harbouring – the dog at the time.

If there’s more than one owner, they’re jointly and severally liable. That means both are on the hook, and if one can’t or won’t pay, the other has to cover the difference.

Who is legally responsible?

“Owner” under the Act is broader than most people expect. It includes anyone who possesses or harbours a dog – not just the person whose name is on the adoption papers.

A dog-walker who takes the animal for the afternoon. A neighbour watching the dog while the owner travels. A teenager caring for a friend’s dog while their parents are home. In that last case, the parents can be considered owners even if they never touched the leash, because they’re responsible for the custody of the minor.

The key phrase is “exercise some degree of care or control.” A property owner doesn’t automatically become liable for a dog on their land if they have no control over the animal. But anyone who does exercise that control – even temporarily – can be held responsible.

The Ontario Court of Appeal confirmed in 2026 that a professional dog-walker qualifies as an “owner” under the Act. The decision matters because it means the person actually holding the leash at the time of an attack may carry liability alongside the registered owner.

Bites, knockdowns, and the grey area in between

The Act covers bites and attacks. A bite is straightforward. An “attack” is less defined – and that gap has produced real litigation.

In Khurshid v. Richards, 2021 ONSC 3830, a woman fell while backing away from two dogs approaching her at a front door. The dogs never touched her. An independent witness said they weren’t charging. Justice Sheard refused summary judgment, finding the question of whether the dogs’ approach constituted an “attack” required a trial.

In Martin v. Hurst, 2022 ONSC 3877, a large German Shepherd ran into a woman and knocked her down, breaking her leg. The court noted that liability under the Act tends to attach to “unprovoked biting and other clear acts of aggression” rather than accidents – but the case still proceeded.

The point isn’t that knockdowns are unwinnable. It’s that the facts matter, and the line between an “attack” and an “accident” is something a court will draw based on the specific evidence. Don’t assume your case doesn’t qualify before you’ve spoken to a lawyer.

One more thing worth knowing: even if you were partly at fault – you provoked the dog, put your hand through a fence, or did something that contributed to the incident – the Act doesn’t bar your claim. The court can reduce damages in proportion to your fault, but it doesn’t eliminate them. A child’s friendly pat on a dog’s head has been held not to constitute contributory negligence.

What compensation is available?

Dog attacks cause more than puncture wounds. The range of compensable losses is wider than most people expect when they first call a lawyer.

Pain and suffering is the starting point – the physical injury, the recovery, and the emotional aftermath of the attack. But the financial losses are often what catch people off guard. OHIP doesn’t cover everything. Private physiotherapy, psychological counselling for PTSD or anxiety, specialized dental repair from facial injuries, prescription medications, and follow-up medical care all fall outside what the province pays for. Those costs are recoverable.

Lost income is claimable if your injuries kept you from working – whether for a week or for months. Permanent scarring and disfigurement are assessed separately. Courts treat visible facial scarring differently from scarring that can be covered by clothing, and the compensation reflects that distinction. If the attack has lasting consequences – nerve damage, chronic infection, mobility issues, or psychological trauma that doesn’t resolve – future care costs and future income loss can be claimed as well.

• Pain and suffering (general damages)
• Medical and rehabilitation expenses not covered by OHIP
• Psychological treatment for PTSD, anxiety, or phobia
• Lost wages and income
• Permanent scarring and disfigurement
• Future care costs
• Future income loss where applicable
• Out-of-pocket expenses related to the injury

Every case is different. The severity of the attack, the nature of the injuries, and the long-term impact on your life all factor into what a claim is worth. A settlement in a dog bite case can range from a few thousand dollars for a minor bite with no lasting effects to six figures for attacks involving serious injury, permanent disfigurement, or significant psychological harm.

What to do in the hours after a dog attack

Dog attacks are disorienting. Most people don’t know what to do in the first hour – and that first hour matters.

Get medical attention first. Dog mouths carry bacteria that cause serious infections, and even a small puncture wound can turn into something that needs antibiotics or a tetanus shot. Don’t wait to see if it gets better.

• Report the attack to Hamilton Animal Services or your local municipal bylaw office. In Hamilton, By-law 04-062 requires the city to investigate dog attacks – they’ll identify the animal, track down the owner, and confirm whether the dog’s vaccinations are current. That investigation creates a paper trail you’ll want later.
• Photograph everything before it heals: the injuries, the location, torn clothing, the dog if it’s safe to do so.
• Get the owner’s name and contact information. Get witness names too.
• Don’t apologize to the owner. Don’t say anything about fault. Just get the information and leave.

The sooner you speak to a lawyer, the better. Evidence disappears. Witnesses forget. And the two-year limitation period starts counting from the date of the attack – or from the date you had reason to know a claim was appropriate.

The two-year window – and why it’s shorter than it sounds

Two years. That’s the window under Ontario’s Limitations Act, 2002, S.O. 2002, c. 24. Miss it and you lose your right to sue.

Two years sounds like plenty of time. It isn’t, once you factor in gathering medical records, getting an independent medical assessment, and giving a lawyer enough runway to build the claim properly.

There’s a wrinkle worth knowing. Under s.5 of the Act, the two-year clock doesn’t always start on the date of the bite. It can start from the date you first had reason to believe a legal claim was appropriate. That matters in dog bite cases more than people realize – psychological injuries like PTSD, or infections that develop into something chronic, sometimes don’t fully manifest for weeks or months after the attack. If that’s your situation, the clock may not have started when you think it did.

If the victim is a minor, the two-year period doesn’t begin running until they turn 18.

Speak with a dog bite lawyer in Hamilton or St. Catharines

Cook Reynolds LLP represents people injured in dog attacks across Hamilton, Burlington, St. Catharines, Niagara, Brantford, and the surrounding Golden Horseshoe region. Our initial consultation is free, and there are no legal fees unless we win your case.

If you’ve been bitten or attacked by a dog and you’re not sure whether you have a claim, that question is exactly what the consultation is for. For more detail on what to bring to your first meeting with us, read The Initial Lawyer Consultation: What to Bring With You.