August 1, 2024
Do you own a dog?
Do you have a tenant that owns a dog? (Do you know?)
Are you concerned about your rights if you or a loved one suffers a dog bite?
THE ISSUE
The saying “every dog is entitled to one bite” is NOT the law. But what is?
THE CASE
In Walpole v. Crisol, the Ontario Court of Appeal had the rare opportunity to review liability for dog bites.
The specific issue in the case was whether or not a landlord can be sued for damages arising from a bite by their tenant’s dog. The Superior Court judge had held that there was no claim available. The Court of Appeal disagreed and reinstated the claim.
The Dog Owners Liability Act creates “strict liability” on the part of owners – your dog bites someone, you (or your insurer) pay.
But who pays if the owner is a tenant with no insurance or ability to pay? The landlord is an attractive target. Except section 3(1) of the Act provides:
3 (1) 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. O.2 (“the OLA”)]
The Occupiers’ Liability Act governs liability of occupiers of property, frequently including owners. Where the property is rented out, there is an issue whether the owner remains an occupier. If they are not, the ordinary law of negligence applies.
The Dog Owners Liability Act not surprisingly only discusses the liability of the dog owners.
But section 3(1) of the Dog Owners Liability Act could be read two ways – does the reference to “owner” refer only to the dog owner, or, because of the reference to the OLA, does it include property owners? In which case, since the DOLA only speaks to the liability of dog owners, property owners are exempted from liability?
The Court of Appeal decided that common sense was that the DOLA is only about the liability of dog owners, and the liability of owners and occupiers of property remains to be determined under the OLA or the law of negligence.
TAKEAWAYS
This gives the victims a second target which might have the ability to pay damages.
The Court also reinforced the fact that the dog owner faces strict liability, on a standard higher than that of property owners or occupiers. So, it is not open season on landlords, but this is a reminder to take reasonable steps to protect visitors to your property. The Walpole decision does not say that occupiers are liable, only that they might be in some cases. Good risk management is the standard, as in all occupiers’ liability cases.
WHAT WEILERS LLP CAN DO TO HELP YOU
Weilers LLP has a proud tradition of excellence in litigation, with much of our work falling into the basket of tort claims, including dog bites. We act for both defendants and victims (and insurers too). We advise property owners and occupiers about their risks, to try to avoid the expense and inconvenience of claims generally, not just dog bite claims.
Whether you are a victim of an injury or are being sued, the experienced team at Weilers LLP might be the right lawyers for you.