In Ontario, the Dog Owners’ Liability Act (DOLA) places strict liability directly on the tenant who owns the dog for any bites. However, a landlord can also be sued and held jointly liable under the Occupiers’ Liability Act if the victim can prove the landlord knew the tenant was harbouring a dangerous dog, had the power to act, and negligently failed to take steps to ensure the safety of other residents.
Ontario has some of the most tenant-friendly pet laws in North America. Under the Residential Tenancies Act (RTA), landlords cannot generally enforce “no pet” clauses, meaning tenants in Brampton, Mississauga, and Hamilton have a legal right to keep dogs. However, this legal protection creates a severe headache for property owners when a tenant’s dog turns aggressive. As of 2026, personal injury lawsuits involving dog bites frequently name both the tenant and the landlord as defendants.
When a tenant’s dog bites a neighbour, a delivery driver, or another tenant in a common area, the victim’s lawyer will look for the deepest pockets—which is usually the landlord’s property insurance. While landlords are not automatically responsible for a tenant’s pet, ignoring complaints about an aggressive dog can drag you into a devastating civil lawsuit. If you are a landlord dealing with a dangerous dog on your property, we strongly advise consulting an experienced landlord-tenant paralegal or a civil litigation lawyer from our directory to mitigate your legal exposure.
Step-by-Step Process: Handling a Dangerous Dog on Your Property
As a landlord, you cannot simply ignore complaints about a snarling dog and claim “it’s the tenant’s problem.” You must take proactive steps to maintain a safe environment. Here is the process most Ontario landlords follow when a dog incident occurs. 📍
Step 1: Secure the Scene and Document the Incident
If a bite just occurred, ensure the victim seeks medical attention and that Animal Control or the local police have been called.
Write down everything you know. Ask the victim and witnesses for written statements. Note the date, time, and exact location of the bite. Was it inside the tenant’s exclusive unit, or in a shared hallway/backyard? Your liability increases significantly if the bite happened in a common area under your direct control.
Step 2: Contact Your Liability Insurance Provider
Do not wait for a lawyer’s letter to arrive in the mail. Call your property insurance broker immediately and report the incident. 📱
Your insurer needs to know that a potential personal injury claim is brewing. If you fail to notify them promptly, they may later deny your coverage based on a breach of your policy’s reporting conditions.
Step 3: Issue an N7 or N5 Notice to the Tenant
Under the RTA, while you cannot ban pets, you can evict a tenant if their pet seriously impairs safety or interferes with reasonable enjoyment.
If a dog bite has occurred, the most effective tool is a Form N7 (Notice to End your Tenancy for Causing Serious Problems). Because a physical bite seriously impairs the safety of others under section 66(1)(a) of the RTA, an N7 notice is non-voidable (meaning the tenant cannot cancel it by promising to control or rehome the pet) and provides a short 10-day notice period. Alternatively, or concurrently, you can serve a Form N5 Notice, which gives the tenant a 7-day warning period to remove the dog or resolve the issue. Serving these notices is critical—it proves to a civil court that you took immediate, reasonable action to eliminate the danger.
Step 4: File an L2 Application with the LTB
If the tenant fails to comply with the N7 or N5 notice, you must file an L2 Application with the Landlord and Tenant Board (LTB) to proceed with an eviction. ⚠️
You can request an expedited hearing by submitting a “Request to Shorten Time” form, arguing that the dog poses an immediate and severe safety risk to other tenants or the public.
Step 5: Defend the Civil Lawsuit
If the victim sues you under the Occupiers’ Liability Act, your insurance company will typically assign a lawyer to defend you.
Your defence will rely heavily on proving that you had no prior knowledge of the dog’s aggression (meaning you couldn’t have foreseen the bite), or that once you did know, you took every reasonable legal step under the RTA to remove the dog or the tenant.
How Much Does it Cost in Ontario?
A dog bite incident can result in minor administrative costs for an eviction, or massive financial ruin if you are found negligent in civil court. 💰
- LTB Eviction Filing: Serving an N7 or N5 is free, but filing the L2 application with the Landlord and Tenant Board costs $186 CAD online (or $201 CAD for paper filing).
- Paralegal Representation: Hiring a professional to handle the LTB safety eviction generally costs $1,000 to $2,500 CAD.
- Civil Defense Costs: If your insurance does not cover the claim, defending a civil lawsuit in the Superior Court of Justice can easily cost $10,000 to $30,000+ CAD in legal fees.
- Bite Settlements: Dog bite compensation in Ontario ranges wildly, but serious bites resulting in scarring or nerve damage frequently settle for $30,000 to $100,000+ CAD.
| Who is Sued? | Applicable Law | When are they liable? |
|---|---|---|
| The Tenant (Dog Owner) | Dog Owners’ Liability Act (DOLA) | Strictly liable. Even if the dog never bit anyone before. |
| The Landlord | Occupiers’ Liability Act (OLA) | If they knew the dog was a menace and failed to take reasonable steps to protect others. |
| Property Manager | Occupiers’ Liability Act (OLA) | If they failed to act on complaints sent directly to them. |
How Long Does the Process Take?
The timeline for dealing with a dog bite splits into two parallel legal tracks: the eviction and the civil lawsuit. ⌛
Evicting the tenant at the LTB for severe safety concerns is usually expedited, but can still take 1 to 3 months to secure an eviction order and have the local Sheriff enforce it. Meanwhile, the personal injury lawsuit filed by the victim can drag through the Ontario court system for 2 to 4 years before a final settlement or trial judgment is reached.
Frequently Asked Questions (FAQ)
Can I put a clause in the lease saying the tenant is 100% responsible for their dog?
You can (and should) include an indemnification clause, but it will not stop a victim from suing you. A private contract between you and your tenant does not strip a third-party victim of their statutory right to sue you under the Occupiers’ Liability Act if you were negligent.
What if the victim provoked the dog?
Under DOLA, if the victim provoked the dog or was trespassing at the time of the bite, the court can reduce the damages awarded based on “contributory negligence.” However, provocation is highly fact-specific and must be proven in court.
Does landlord insurance automatically cover dog bites?
Not always. Many landlord insurance policies have specific exclusions for certain “dangerous” breeds (like Pit Bulls, which are technically banned in Ontario, or Rottweilers). If the tenant’s dog is an excluded breed, your insurer may deny coverage, leaving you personally liable to pay the victim.
Can I legally ask a tenant if they own a dog before renting to them?
Yes, you can ask, and you can even deny their application if they have a pet. The RTA rule that voids “no pet” clauses only applies AFTER the lease is signed and the tenant moves in. However, you cannot deny an applicant if the dog is a registered service animal.
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