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dog attacks

Pain and Suffering Damages – Emotional Distress Caused by a Dog Injuring or Killing Your Dog? Ontario Dog Liability Lawyer Explains!

Can a dog attack injury victim obtain compensation for emotional distress in an Ontario dog bite cases? In a dog owners liability case, the main statute to consider (other than local by-laws), is the Dog Owners Liability Act of Ontario. That statute imposes strict liability on dog owners for payment of compensation to persons injured by dogs. Section 2 of that Act provides for liability where a dog has bitten or attacked a person “or domestic animal”. The term domestic animal was added to the Act recognizing that dogs can attack persons and other animals and cause injury. In general terms, a domestic animal is considered an animal that belongs to a species that is not wild by nature. One case often relied upon by personal injury lawyers …

dog attacks

Who is considered an “owner” of a dog in Ontario dog bite cases?

In a dog owners liability case, who is considered an owner of the dog. That question is answered specifically in the Dog Owners Liability Act of Ontario. Section 1 of that act defines owner as “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”. The definition is reasonably wide and will include any persons who have control over a dog. Moreover, section 2(2) of the Act provides that where there is more than one owner of a dog, the owners are jointly and severally liable. In reading the definition of owner under the Act, it includes a person who harbors a dog. What is considered …