Dog Owners' Liability Act: All About the Bites, Gaps, and Legal Risks

• A dog owner is liable for damages resulting from a bite or attack under the Ontario Dog Owners' Liability Act (DOLA).
• The DOLA's definition of 'owner' includes anyone who physically possesses or controls the dog at the time of the attack.
• All owners of the same dog are jointly and severally liable, meaning one owner cannot sue another co-owner.
• Two defences are available: contributory mechanism and provocation, but come with high bars for proof and evidence requirements.

The first question in any dog attack file is not just who registered the dog. Rather, it is who had physical control of it in the moments before the bite.

The Ontario Dog Owners' Liability Act (DOLA) imposes strict civil liability on dog owners for damages resulting from bites or attacks. Under s. 2(1), a dog owner is liable regardless of whether they knew the dog was dangerous or took precautions to prevent an attack. This means that even if the dog owner made efforts to prevent the incident, liability still applies. The DOLA's definition of 'owner' is broader than expected, encompassing not only registered owners but also anyone who physically possesses or controls the dog at the time of the attack.

The Ontario Court of Appeal confirmed the scope of the DOLA's definition of 'owner' in Wilk v. Arbour (2017 ONCA 21). The court held that physical possession and control of the dog just before the attack is sufficient to establish liability, regardless of whether the individual has dominion or independent decision-making authority. This interpretation was applied in Nigro v. Luciano (2026 ONCA 283), where the Ontario Court of Appeal confirmed that a part-time dog walker was herself an 'owner' under DOLA, leading to the dismissal of her claim against the dog's registered owners. The DOLA also provides that all owners of the same dog are jointly and severally liable, meaning one owner cannot sue another co-owner.

For personal injury lawyers, understanding the DOLA's strict liability provisions is crucial in any dog attack case. The first question to ask is not just who registered the dog but who had physical control of it in the moments before the bite. While the DOLA's strict liability is not absolute, there are two defences available: contributory mechanism and provocation. However, these defences come with high bars for proof and evidence requirements.

Lawyers should be aware that under the Ontario Dog Owners' Liability Act, a dog owner's liability is not just limited to registered owners, but also includes anyone who physically possesses or controls the dog at the time of an attack. This means that in any dog attack case, the first question to ask is not just who registered the dog, but who had physical control of it in the moments before the bite.

Source: Original reporting via Briefly