As personal injury lawyers, we see how quickly a dog bite can turn from a frightening moment into a serious medical and emotional event. People keep telling us the same thing: “I did not think it would become such a big deal, until it did”.
A single bite can result in infection, nerve damage, scarring, work absenteeism and a lifelong fear that lives with them even into their day-to-day life.
The most widely held myth is that Canada has a single set of laws on dog bites. In fact, provincial/territorial laws, as well as local municipal bylaws, often regulate the liability for dog bites, and in extreme situations, the Criminal Code may be involved.
Is There a “National” Dog Bite Law in Canada?
There isn’t one single federal statute that sets civil rules for every dog bite across the country. Instead, Canada relies on a mix of:
- Provincial/territorial legislation (where it exists)
- Common law principles (judge-made law used in many provinces)
- Municipal bylaws (leash rules, “dangerous dog” designations, fines, control orders)
- Criminal law in the most serious situations (rare, but possible)
That mix matters because it affects what a victim must prove and who may be responsible.
Two Main Civil Approaches: “Strict Liability” vs. Negligence/Common Law
Across Canada, the civil claim (the lawsuit for compensation) usually fits into one of two frameworks:
1) Strict liability (common in Ontario and some other jurisdictions)
In a strict-liability model, the law can hold an “owner” responsible even if the owner didn’t intend harm and even if the dog never showed aggression before. Ontario is the clearest example of this approach.
2) Common law / negligence-based claims
Even in provinces where no statute is as direct as Ontario’s, claims are usually based on whether the owner (or other responsible party) acted reasonably (by neglecting risk awareness, breaching bylaws, not leashing the dog or letting the dog loose).
Practically, the majority of cases are reduced to evidence: what was happening, what the safety precautions were, and what the regulations were where the bite took place.
Ontario’s Dog Bite Law: The Dog Owners’ Liability Act
The province of Ontario has a special law: the Dog Owners Liability Act (DOLA). The most important fact is simple: a dog owner is liable for compensation in case of an attack or bite.
A few details we often explain to clients:
- “Owner” can be broader than you’d think. In Ontario, it can include someone who possesses or harbours the dog, so liability isn’t always limited to the registered owner.
- More than one party may share responsibility. Depending on the facts, there can be multiple “owners” or other responsible parties (for example, someone who had care/control of the dog at the time).
- Courts can also make safety orders (like leashing/muzzling/confinement or other restrictions) in appropriate cases.
Ontario cases can also overlap with other legal duties, for example, if the bite happened on someone’s property, and unsafe conditions played a role.
What About Other Provinces?
Because laws differ, the “dog bite rule” can look different across Canada. Some provinces emphasize legislation and enforcement tools for dangerous dogs, while others rely more heavily on municipal bylaws and common law principles.
For example, Alberta has a Dangerous Dogs Act aimed at regulating dogs found to be dangerous and setting consequences for owners.
Even where a province doesn’t have an Ontario-style statute, leash laws and “dangerous dog” bylaws can be powerful evidence because breaking a safety rule often strengthens the argument that the bite was preventable.
When Can Dog Bites Become a Criminal Matter?
A majority of dog bite incidents are civil (compensation-based), although in exceptional cases (where the actions of an owner can be seen to reflect a careless attitude to safety), criminal negligence may be applicable.
This is uncommon, yet it is one reason documentation and reporting may be important: it allows authorities and insurers to assess how serious the event was.
FAQs
1) If the dog never bit anyone before, can the owner still be responsible?
Often, yes, especially in Ontario, where the DOLA creates owner liability for damages from a bite or attack.
2) What if the bite happened on the dog owner’s property? Does that change anything?
It can affect the legal analysis, but it doesn’t automatically bar a claim. In Ontario, dog bite liability can intersect with duties connected to property safety and visitors.
3) Can someone other than the “registered owner” be liable?
Yes. In Ontario, “owner” can include someone who possesses or harbours the dog, so liability can extend beyond the person whose name is on the paperwork.
4) What if I did something that contributed to the bite?
In some cases, compensation can be reduced if a person’s actions contributed to the incident (for example, provocation or ignoring clear warnings). How that applies is very fact-specific.
5) What should I do after a dog bite?
Your health comes first. Get medical attention. After that, try to document what you can (photos, contact information, witness names) and report the incident to the appropriate local authority/animal services where required. Early documentation helps preserve the facts if an insurer dispute arises.
Getting Clear Answers After a Dog Bite
Dog bite cases are personal. People are not merely dealing with a wound; they are dealing with fear, embarrassment, routines that are disrupted, and there are long-term effects such as scarring or loss of income. Because the law varies in Canada (and even across municipalities), it is easy to be confused about your rights.
At MacIsaac Gow LLP, we help victims of dog bites achieve a clear picture of how the Dog Owners Liability Act applies to their case, who could be legally liable in the case (not always as straightforward as it may sound), and how to receive reasonable compensation that would reflect the actual outcome of the injury. Call our team for a consultation.
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