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Dog Bite Claims in Ontario: Your Rights After an Animal Attack

Daniel Rabinovitch
11 minutes ago
7 min read

Dog bite claims in Ontario can involve serious physical injuries, lasting scars, pain, lost income, and psychological injuries among other things. If you have been bitten or attacked, you may be entitled to compensation even if the dog has never bitten anyone before.


However, your right to recover compensation can depend on your relationship with the animal. Ontario’s legal definition of a dog’s “owner” extends beyond the person who purchased or registered it. As the recent decision in Nigro v. Luciano demonstrates, that distinction can have significant consequences for dog walkers and people caring for someone else’s dog.



Brown and white dog wearing a harness and leash with a dog walker in a park overlooking the Toronto skyline.

Who is responsible for a dog bite in Ontario?


Under section 2 of Ontario’s Dog Owners’ Liability Act, commonly called DOLA, an owner is liable for damage caused by their dog biting or attacking another person.


Liability does not depend on proving that the owner was negligent or knew the dog was dangerous. This is commonly described as strict liability.


You must still establish the attack, the defendant’s ownership, and your resulting losses. Compensation may also be reduced to reflect any fault on your part that contributed to the damage.


Who qualifies as an owner under DOLA?

Section 1(1) of the Dog Owners’ Liability Act defines “owner” as follows:

“owner”, when used in relation to a dog, includes a person who possesses or harbours the dog and, where the owner is a minor, the person responsible for the custody of the minor;

This definition can include someone temporarily caring for a dog. More than one person may qualify as an owner at the same time.


That creates an important distinction: a dog walker may qualify as a statutory owner even though someone else bought the dog, pays its veterinary bills, and makes decisions about its long-term care.


Nigro v Luciano — When a dog walker was considered an owner


In Nigro v. Luciano, 2026 ONCA 283, a paid dog walker was injured while putting protective boots on a dog at her clients’ home.


The Ontario Court of Appeal upheld that the dog walker qualified as an owner under DOLA because she had physical possession and control of the dog at the time of the attack.


The Court rejected the suggestion that the location of the attack or the clients’ instructions changed that conclusion. A person need not have the highest authority over a dog to possess it under the Act.


The practical lesson is that temporary care and control can make someone an owner for DOLA purposes—and prevent recovery against another owner under that statutory framework. Whether someone qualifies remains a question of fact and context.


Does this mean a dog walker or sitter can never sue?


No. Nigro should not be treated as a blanket answer to every animal injury claim.

An assessment should examine the injured person’s actual possession and control of the dog and whether the evidence supports a separate legal basis for recovery. A negligence claim requires its own analysis with a focus on any special circumstances, including foreseeability and unreasonable conduct. The Ontario Court of Appeal addressed these principles in Wilk v. Arbour.


If you were injured while caring for a dog, preserve the care instructions, messages about its behaviour, and details of exactly what happened.


Can you claim if the dog did not bite you?


Potentially. DOLA covers attacks as well as bites. A dog that lunges and knocks someone down may cause a compensable injury.


Whether the incident qualifies depends on the evidence. Not every accident involving a dog is an attack; some circumstances require a separate negligence analysis.


What should you do after a dog bite or animal attack?


1. Get to safety and seek medical care


Wash bite or scratch wounds with soap and water and obtain prompt medical advice. A healthcare professional can assess the wound and determine whether infection prevention, tetanus care, or rabies treatment is needed. Call 911 for a serious emergency.


See public health guidance on animal bites and rabies for information about seeking care and reporting possible exposure.


2. Identify the animal and the people involved


If safe, obtain the names and contact information of the dog’s regular owner and anyone handling or supervising it. Ask about vaccination records.


If the people involved leave, record everything you remember, including the animal’s appearance, their direction of travel, and any identifying information.


Do not put yourself at risk trying to catch the animal.


3. Report the incident


Contact your local public health unit about a bite, scratch, or possible rabies exposure. Report a dangerous animal incident to municipal animal services as well.


Keep correspondence, incident numbers, and the names of anyone you speak with.


4. Preserve photographs and witness information


Photograph your injuries, damaged clothing, and the location. Obtain witness names and contact information.


Ask nearby homes or businesses to preserve security footage before it is overwritten. Take follow-up photographs showing how wounds and scars develop.


5. Save instructions and communications about the animal, if applicable


Messages can help establish who was responsible for the dog and what was known about its behaviour.


For dog walkers and sitters, relevant evidence may include:


  • The agreement describing your duties.

  • Instructions about walking, feeding, restraint, or medication.

  • Warnings about previous behaviour.

  • Messages explaining what you were asked to do before the attack.

  • Information about who was present and who controlled the dog.


6. Document your losses


Keep treatment records, receipts, and information about missed work. Record how the injuries affect sleep, household tasks, exercise, and other activities.


Be mindful of any lasting scarring, future treatment, or continuing income loss.


What compensation can a dog bite claim include?


The value of a claim depends on the injury and its consequences. A wound can have a significant lasting effect if it leaves a visible scar, damages a nerve, tendon, or ligament, or interferes with work.


Depending on the circumstances and supporting evidence, compensation may include:


  • Pain, suffering, scarring, and loss of enjoyment of life.

  • Past income loss and reduced future earning capacity.

  • Reasonable treatment and rehabilitation expenses.

  • Psychological treatment.

  • Future care costs.

  • Assistance with household tasks.

  • Other reasonable expenses caused by the injury.


There is no standard payout for a dog bite claim in Ontario. The assessment should consider your recovery, medical prognosis, work demands, and future needs.


Photographs can help document a scar, but they do not explain every consequence of an injury. Medical records and evidence of changes to your daily life are also important.


What if a child is bitten by a dog?


For a child, the effects of an attack may become clearer over time. Parents should document follow-up care, changes in sleep, fear around animals, and difficulties at school or daycare.


Keep photographs showing how scars develop, and discuss ongoing symptoms with the child’s healthcare providers.


Special limitation rules apply. Under section 6 of Ontario’s Limitations Act, 2002, the basic limitation period does not run while a claimant is a minor and is not represented by a litigation guardian in relation to the claim.


Even where additional time is available, early investigation helps preserve evidence and identify the child’s future needs.


What about attacks by other animals?


Injuries involving horses, cats, or other animals require a separate liability analysis. Depending on the circumstances, a claim may involve negligent handling, inadequate precautions, or knowledge of a dangerous tendency.


For example, an investigation into a horse kick may examine handling instructions, warnings, previous behaviour, and how people were permitted to approach the animal.


The fact that an animal caused an injury does not, by itself, establish that someone must pay compensation.


How long do you have to start a dog bite claim in Ontario?


Ontario’s basic limitation period is generally two years from discovery of the claim. For many animal attacks, this will be the incident date.


Exceptions can apply, including rules concerning minors and certain people who lack capacity. These provisions appear in sections 4 to 7 of the Limitations Act, 2002.


Reporting the incident or negotiating with an insurer does not, by itself, stop the limitation clock. Obtain advice early about the deadline that applies to your circumstances.


Frequently asked questions about dog bite claims in Ontario


What if the dog belongs to a friend or neighbour?


Knowing the owner does not automatically prevent a claim. Homeowner or tenant liability insurance may respond, depending on the policy and exclusions.


Available coverage should be investigated before assuming that compensation must come directly from the owner’s personal funds.


Can I claim for anxiety after an animal attack?


Psychological harm may form part of a claim where the evidence establishes a compensable injury caused by the incident.


Describe symptoms honestly to your healthcare provider, including panic, nightmares, avoidance, or difficulty returning to ordinary activities. The effect on your daily functioning matters.


What if I do not know who owns the animal?


Keep the incident location, time, animal description, witness details, and any photographs or video.


Animal services records and nearby surveillance may help identify the responsible person. Early investigation is especially valuable when identifying information is limited.


What should I bring to a consultation about a dog bite?


Bring photographs, medical information, incident reports, witness details, and communications with the owner or insurer.


If you were walking or caring for the dog, also bring your agreement and any instructions you received. Explain what you were doing immediately before the attack and who else was present.


Speak with an Ontario dog bite lawyer


If you or your child has been injured in a dog bite or animal attack, DR Injury & Disability Law can help you understand your options.


We examine the circumstances, identify potentially responsible parties and available insurance, and explain the evidence needed to pursue compensation.

We serve clients across Ontario, with consultations available by phone, video, or at our Toronto office.



This article provides general information about Ontario law and is not legal advice. The appropriate steps and deadlines depend on your circumstances.

 
 
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