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In Canada, the rules that determine who pays for injuries caused by a dog are set by each province or territory. While the basic principle is that an owner is responsible for the actions of their pet, the way liability is established can differ. Below is a general guide that outlines the main concepts, the most common provincial approaches, and the factors that courts usually consider.

How Liability Is Determined

Strict‑liability regimes

• Ontario – The Dog Owners’ Liability Act imposes strict liability. The owner must pay for any damage or injury caused by the dog, even if the owner took reasonable precautions. The plaintiff does not need to prove negligence, only that the bite occurred and caused loss.

Negligence‑based regimes

• British Columbia, Alberta, Saskatchewan, Manitoba, and most other provinces – Liability is based on ordinary negligence. The injured party must show that the owner failed to take reasonable steps to prevent the bite (e.g., inadequate fencing, ignoring known aggression).

Hybrid approaches

• Some jurisdictions blend the two, applying strict liability for certain “dangerous” breeds or for dogs with a documented history of aggression, while otherwise using a negligence test.

Provincial and Territorial Highlights

Province / Territory	Main Legal Standard	Key Statute / Case Law
Ontario	Strict liability	Dog Owners’ Liability Act, R.S.O. 1990, c. D.16
British Columbia	Negligence	Dog Control Act and case law such as Miller v. McIntyre (1999)
Alberta	Negligence (with “dangerous dog” provisions)	Dog Owners’ Liability Act (Alberta)
Quebec	Civil law – fault‑based liability	Civil Code of Quebec art. 1457‑1465
Nova Scotia	Negligence	Dog Control Act (NS)
Territories (Yukon, NWT, Nunavut)	Generally follow negligence principles; specific statutes may vary	Territorial animal control regulations

(For a complete list, see the provincial statutes on the Justice Laws website.)

Factors Courts Usually Examine

1. Provocation – If the victim provoked the dog (e.g., by teasing or threatening it), the owner’s liability may be reduced or eliminated.
2. Known aggression – Owners who were aware, or should have been aware, of their dog’s dangerous tendencies are more likely to be found negligent.
3. Trespass – Liability can be limited when the injured person was unlawfully on the owner’s property, though many jurisdictions still impose a duty of care to visitors.
4. Reasonable precautions – Use of leashes, proper fencing, and training are evidence that the owner acted responsibly.

Types of Compensation Available

• Medical costs – Hospital stays, surgeries, medication, and rehabilitation.
• Lost income – If the injury prevents the victim from working.
• Pain and suffering – Compensation for physical pain, emotional distress, and reduced quality of life.
• Future care – In severe cases, long‑term medical or support services may be recoverable.

When to Seek Professional Advice

Because liability rules differ across provinces and the facts of each case matter, it is wise to consult a lawyer who is licensed in the relevant jurisdiction. A lawyer can:

• Assess whether the owner’s conduct meets the legal standard for negligence or strict liability.
• Help gather evidence (medical records, witness statements, animal control reports).
• Advise on the best strategy for negotiating a settlement or pursuing a claim in court.

Useful Resources

• Justice Laws Website – A searchable database of federal and provincial statutes: Justice Laws Online
• Ontario Dog Owners’ Liability Act – Full text of the statute: Ontario Dog Owners’ Liability Act (R.S.O. 1990, c. D.16)

If you have been bitten by a dog or are dealing with a potential claim, obtaining personalized legal counsel is the safest way to protect your rights and understand the specific remedies available in your province or territory.