Yes. Under Ontario’s Dog Owners’ Liability Act, a dog owner is strictly liable for injuries their dog causes by biting or attacking someone — you do not need to prove negligence or that the dog had bitten before. Claims for medical costs, lost income, property damage, and pain and suffering up to $50,000 belong in Small Claims Court; larger injury claims may need Superior Court.
- The Dog Owners’ Liability Act makes dog owners strictly liable for bite and attack injuries — you do not have to prove the owner was negligent.
- Ontario has no "one free bite" rule: a dog does not need a history of aggression for its owner to be liable.
- Strict liability can be reduced if you contributed to the incident, for example by provoking the dog or trespassing.
- The Act overrides the Occupiers’ Liability Act for dog bites, even if the bite happened on the owner’s own property.
- Claims within the $50,000 Small Claims Court limit — vet bills, lost wages, scarring, pain and suffering — can be pursued there without the cost of Superior Court.
- A personal injury claim from a dog bite is generally subject to the standard two-year limitation period under the Limitations Act, running from the date of the bite.
Strict Liability Under the Dog Owners’ Liability Act
Ontario is unusual among common-law provinces in how directly it makes dog owners liable for their dog’s actions. Under the Dog Owners’ Liability Act, an owner is liable for damages resulting from a bite or attack by their dog, full stop. You do not need to show the owner was careless in how they kept, trained, or supervised the dog — only that the dog bit or attacked you and caused you harm.
In an ordinary negligence claim, you would need to prove the defendant failed to meet a reasonable standard of care. Under strict liability, that step is removed for the owner’s basic liability — the focus shifts to whether the bite happened, what it cost you, and whether your own conduct reduces what you can recover.
There Is No "One Free Bite" Rule
Some jurisdictions historically gave an owner a pass for a dog’s first bite if there was no reason to expect aggressive behaviour. Ontario does not work that way. It does not matter whether the dog has bitten anyone before, whether the owner knew the dog could be aggressive, or whether the dog is normally gentle. A single bite is enough to trigger liability under the Act.
A dog that has never shown aggression unexpectedly bites a visitor during a backyard gathering. Even though the owner had no reason to anticipate the bite, they are still liable for the visitor’s resulting medical costs, lost income, and pain and suffering under the Dog Owners’ Liability Act.
Who You Can Sue
The Act generally makes the dog’s owner liable, and in some circumstances a person who has possession and control of the dog at the time of the incident — such as a dog walker or sitter — can also face liability. If you are unsure who the legal owner is, or more than one person may bear responsibility, naming all plausible defendants in your claim keeps your options open while the facts get sorted out.
What You Can Claim
- Medical expenses not covered by OHIP or private insurance
- Lost income from time away from work
- Pain and suffering, including scarring
- Clothing or property damaged in the attack
- Out-of-pocket costs directly caused by the incident
For claims that fit within the $50,000 Small Claims Court limit, this is often a faster and less expensive venue than Superior Court for recovering these amounts.
When Your Own Conduct Reduces Recovery
Strict liability removes the need to prove negligence, but it does not make you automatically entitled to full compensation regardless of what happened. If you provoked the dog, ignored a posted warning sign, trespassed, or otherwise contributed to the incident, the court can reduce your damages to reflect your share of responsibility — similar to contributory negligence in an ordinary injury claim.
Small Claims Court or Superior Court?
If your total damages — medical costs, lost income, and pain and suffering — fit within the $50,000 Small Claims Court limit, that forum is usually the quicker, less expensive path. If your injuries are more serious and your damages genuinely exceed that figure, Superior Court, including Simplified Procedure for claims up to $200,000, may be the better fit so you are not forced to cap your recovery artificially.
If you or a family member was bitten by a dog in Toronto or anywhere in Ontario, our lawyers offer a free 30-minute consultation to assess your claim. Call us at 416-274-2222 or contact us online.
Frequently Asked Questions
No. The Dog Owners’ Liability Act imposes strict liability — once you show the dog bit or attacked you, the owner is liable for the resulting damages without you having to prove carelessness.
No. Ontario has no "one free bite" rule. A first-time bite is treated the same as a bite by a dog with a known history of aggression.
The Dog Owners’ Liability Act applies regardless of where the bite occurred, including on the owner’s property, and generally takes priority over the Occupiers’ Liability Act for dog-related injuries.
Yes. If you contributed to the incident — for example by provoking the dog, ignoring posted warnings, or trespassing — your damages may be reduced to reflect your share of responsibility.
Medical and veterinary-style expenses are not usually in play here, but your own medical costs, lost income, scarring, and pain and suffering can be claimed, along with any property damage, up to the $50,000 Small Claims Court limit.
If your damages genuinely exceed the Small Claims Court limit, Superior Court — including Simplified Procedure for claims up to $200,000 — may be the better venue so you are not forced to abandon part of your claim.
Generally two years from the date of the bite under the Limitations Act, 2002, though the clock can start later in some circumstances if the injury was not immediately discoverable. Do not wait to find out which applies to you.