In Ontario, dog owners may find themselves liable to pay for the wrongful acts of their dogs. The Dog Owners’ Liability Act governs the situation. The Act provides that a dog owner is liable for damages resulting from a bite or attack by the dog on another person or domestic animal. However, the extent of the liability may be limited. Although the liability does not depend upon the owner’s knowledge of the dog’s propensity or the owner’s fault or negligence, the court will reduce the damages awarded in proportion to the degree to which the fault or negligence of the plaintiff caused or contributed to the damages. Guard dogs attacking trespassers intent on committing a crime are exempt unless the keeping of the dog on the premises was “unreasonable” for the purpose of the protection of people or property.
In addition to a lawsuit in the civil courts to obtain monetary compensation, a dog owner may be prosecuted under the Provincial Offences Act for the bite or attack or because the dog behaved in a menacing manner. The court has wide powers to order measures for more effective control of the dog, including that the dog be confined to the owner’s property at all times, or muzzled or leashed when in public places. The court may also order that the dog be destroyed. In considering an order, the court may take into account various factors, such as the dog’s past and present temperament and behaviour, the seriousness of the injuries caused by the bite or attack, the dog’s physical potential for inflicting harm, and unusual contributing circumstances tending to justify the dog’s action.
In August 2005, the highly publicized pit bull legislation came into force in Ontario. The legislation amended the Dog Owners’ Liability Act. It prohibits future pit bull ownership in Ontario and imposes strict requirements on existing pit bulls including a requirement that all pit bulls be sterilized. “Pit bull” is defined as a pit bull terrier, an American pit bull terrier, a Staffordshire bull terrier and an American Staffordshire terrier. “Pit bull” also includes any dog that has an appearance and physical characteristics that are substantially similar to those dogs. The owner of an existing pit bull must ensure that the pit bull is secured at all times when in public places with a muzzle and a leash no longer than 1.8 metres in length. There are some exemptions, however, for approved dog shows and flyball tournaments.