Statutory law
The Dog
Owners Liability Act provides that, "The owner of a dog is liable for
damages resulting from a bite or attack by the dog on another person or
domestic animal." R.S.O. 1990, c. D.16, s. 1.
The dog owner is
not only liable in damages, but also may be convicted of a crime and fined.
"The owner of a dog shall exercise reasonable precautions to prevent it
from biting or attacking a person or domestic animal." 2000, c. 26, Sched.
A, s. 6. If a person fails to exercise such precautions, he or she may
be found "guilty of an offence and liable, on conviction, to a fine not
exceeding $5,000." 2000, c. 26, Sched. A, s. 6.
There is no requirement
that the dog previously bit another person. "The liability of the owner
does not depend upon knowledge of the propensity of the dog or fault or
negligence on the part of the owner, but the court shall reduce the damages
awarded in proportion to the degree, if any, to which the fault or negligence
of the plaintiff caused or contributed to the damages." R.S.O. 1990, c.
D.16, s. 2 (3).
A significant difference
between Ontario law and the usual dog bite strict liability statute in
the United States is that there is no automatic exemption for trespassers.
Trespassers are not mentioned in the Dog Owners Liability Act. The Act
is the only law that provides liability. "Where damage is caused by being
bitten or attacked by a dog on the premises of the owner, the liability
of the owner is determined under this Act and not under the Occupiers'
Liability Act." R.S.O. 1990, c. D.16, s. 3 (1).
Another difference
between Ontario law and many US dog bite statutes is that the former does
not automatically exempt a criminal. "Where a person is on premises with
the intention of committing, or in the commission of, a criminal act on
the premises and incurs damage caused by being bitten or attacked by a
dog, the owner is not liable under section 2 unless the keeping of the
dog on the premises was unreasonable for the purpose of the protection
of persons or property." R.S.O. 1990, c. D.16, s. 3 (2).
In addition to awarding a judgment for damages, a court may issue orders
pertaining to the control or euthanasia of the dog. "If, in a proceeding
under subsection (1), the court finds that the dog has bitten or attacked
a person or
domestic animal, and the court is satisfied that an order is necessary
for the protection of the public, the court
may order, (a) that the dog be destroyed in the manner specified in
the order; or (b) that the owner of the dog take the measures specified
in the order for the more effective control of the dog. 2000, c. 26, Sched.
A, s. 6.
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