For many, a dog can be a best friend, helper or guard.  However, with dog ownership comes the responsibility of ensuring that your dog does not injure others.

As the weather warms up, it becomes more common to see people taking their dogs out to parks and enjoying the day. Without a doubt, having a dog can be a very rewarding experience. However, if you are a dog owner or are considering becoming one, it is important to consider and manage your risk.  Owning a dog requires much more work than simply providing food and shelter.  Unexpected incidents may happen at any time and, in much the same way you prepare for your own life’s contingencies, it is prudent to ensure that your home insurance policy covers your liability as a dog owner.       

The Humane Society of Canada estimates that someone suffers a dog bite in Canada every 60 seconds.  While very few attacks are fatal, dog bites can still lead to serious injuries resulting in scarring, psychological harm and even death, particularly when the victims are young children.  As part of my personal injury practice, I get enquiries about dog bites on a regular basis. There is a variety of scenarios where victims get bit.  They include startling an animal, being a visitor to a property, making a delivery or even simply walking on a sidewalk.  Even if you are not the owner of a dog, if the attack takes place on your premises or where you may have some element of control, there is case law to support either common law negligence or as an occupier pursuant to the Occupiers’ Liability Act.   

In Ontario, the Dog Owners’ Liability Act makes the owner of a dog liable for all damages resulting from a bite or attack by the dog on another person or domestic animal.  It is a form of liability known as “strict liability.”  The liability of a dog owner does not depend on whether or not the owner is aware of the behavioral characteristics of the dog or his propensity to attack.  In other words, if you own or possess a dog, you are responsible if it injuries another.  However, a victim’s damages can be reduced to the extent that he caused or contributed to his or her own damages, but there would need to be persuasive evidence to show that the dog was provoked or excited to the extent that it would bite. 

In addition to attracting civil liability, there could also be proceedings under the Provincial Offences Act.  This means that proceedings could be instituted in the Ontario Court of Justice if a dog bites or attacks another animal or person, behaves in a manner that poses a menace to the safety another animal or person, or the owner did not exercise reasonable precautions to prevent the dog from acting in such a manner.  The Court has the power to order the destruction of the dog or for the owner to take certain measures such as confining or restraining the dog or posting warning signs.  As is evident, there could be serious consequences if you do not properly care for your dog.  

In addition, numerous municipalities have their own bylaws dealing with dog ownership.  The municipality may set laws mandating the length of leashes to the number of dogs you may walk at any given time.  In Toronto, there is a Dangerous Dog Review Tribunal that handles the appeal of orders issued by Animal Services staff pursuant to city bylaws.  Similar tribunals exist in other municipalities such as Brampton, Hamilton, Mississauga and Ottawa.  

In addition to the joys dog ownership brings, it is important to be a responsible dog owner and ensure that you have taken precautions to ensure public safety and to minimize your own liability.