Toronto Injury Lawyer Blog
When we think of a dog attack, we tend to think that a dog bit another person. But this is not always the case. There are viable dog attack cases when a dog does not actually bite another person.
The dog owner is vicariously liable for the actions of his or her dog. This includes all aggressive behaviour which includes bitting, but includes all other forms of behaviour as well.
The Dog Owner’s Liability Act set forth clear language which does not limit liability to bitting alone:
Proceedings against owner of dog
4 (1) A proceeding may be commenced in the Ontario Court of Justice against an owner of a dog if it is alleged that,
(b) the dog has behaved in a manner that poses a menace to the safety of persons or domestic animals; or
(c) the owner did not exercise reasonable precautions to prevent the dog from,
(ii) behaving in a manner that poses a menace to the safety of persons or domestic animals. 2005, c. 2, s. 1 (6).
There is no mention in the language above which makes reference to bitting. Rather, the behaviour is described as “behaved in a manner that poses a menace to the safety of persons” or such that “the owner did not exercise reasonable precautions to prevent the dog from behaving in a manner that poses a menace to the safety of persons or domestic animals“. There is wide discretion for the Court to interpret this sort of behaviour which clearly will not be limited to bitting alone. It can be any other behaviour deemed to pose a menace to the safety of another person or domestic animal.
The Dog Owner’s Liability Act goes on to further include the word “attack“ in addition to “bite” when it comes to the liability of the dog owner:
Liability of owner
2 (1) The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal.
This would mean that an “attack” is a separate and different incident than a “bite“, but both would trigger the same liability on the dog owner.
Different Cities/Municipalities have different bylaws when it comes to dog ownership. In most Cities/Municipalities, dogs are required to be registered and licensed. These registrations are required to be renewed annually. As a personal injury lawyer, I have rarely seen these bylaws enforced, but it can happen.
Here are a few examples from a few different Ontario Cities:
Toronto: All dogs and cats in the city must be licensed and wear a tag:
| Pet/Tags | Regular Fee |
|---|---|
| Dog (spayed or neutered) | $25.00 |
| Dog (not spayed or neutered) | $60.00 |
| Cat (spayed or neutered) | $15.00 |
| Cat (not spayed or neutered) | $50.00 |
| Service dog | No charge |
| Replacement tag | $5.65 |
Kitchener: All dogs in the city must be licensed annually and wear a tag:
Spayed or neutered dog
- new dog: $37.36
- before expiry: $37.36
- puppy six months old and younger: $37.36
- after expiry: $55.45
London: All dogs in the City must be licensed annually and wear a tag:
Spayed or Neutered and Chipped Dog $30
Spayed or Neutered and UnChipped Dog $36
Not Spayed or Not Neutered $60
For all of thee jurisdictions, service dogs or guide dogs are free. But documentation must be produced showing that these are in fact service or guide dogs. Simply stating that the dog is a “therapy dog” without the requisite paperwork isn’t sufficient.
Other interesting bylaws we sometimes see, include (taken from the City of London in case you’re interested along with the commentary from Goldfinger Injury Lawyers below the ByLaw):
3.6 Tag – removal – unlawful – prohibited
No person shall, within the City of London, unlawfully remove a dog tag from a licensed dog.
Who in their right mind is ripping off a dog tag? Not sure who would do this, or why…
3.7 Tag – lost – failure to replace – prohibited
No person shall, within the City of London, fail to apply for a replacement dog tag.
You’ve lost your dog’s tag. You innocently fail to apply for a replacement. Now you’re in trouble!
3.8 Tag – not securely affixed to dog – prohibited
No person shall, within the City of London, fail to fix the tag issued for a dog securely on the dog.
The dog tag isn’t properly affixed to the dog? How? Either it’s on or not. Maybe it’s dangling in a weird way from the collar? I’ve never seen this before. In any event, it’s somehow illegal even though I can’t foresee this happening. Either the dog tag is on or off? Apparently not.
3.9 Private property – entry – without consent – prohibited
No person shall, within the City of London, permit a dog to enter onto private property without the consent of the property owner.
We’ve seen dogs escape and enter private residences. This happens. It’s either delightful because the dog is a cute and friendly Pomeranian. Imagine that. A fluffy Pomeranian waltz through your front door for hugs and kisses! Or it’s a really scary pit bull…. Either way, it’s illegal.
3.10 Excrement – failure to remove – dispose – prohibited
No person shall, within the City of London, fail to forthwith remove and dispose of dog excrement from any property within the City.
Poop and scoop is the law. And a good law at that. But, the ByLaw says that the poop must be removed “forthwith”. What happens if you don’t have a poo bag; and you leave the poo there while you get poo bags from your home and come back to the scene to clean up the poo. That’s technically not forthwith. I suppose that you are breaking the law in that situation .
3.11 Forcible retrieval of dog – prohibited
No person shall, within the City of London, forcibly retrieve a dog from an Animal Service Officer or a vehicle under an Officer’s control.
I suppose this would happen if Animal Control is coming to take an owner’s dog away. The owner wants to keep the dog and uses force to take the dog back. I’ve never seen this. But, once Animal Control has your dog, you can’t get it back without their consent.
