Dog Owner’s Liability

Dog Owner’s Liability

Ontario Real Estate Source

By Brian Madigan LL.B.

A young child of 12 was seriously mauled by several dogs being kept by her grandmother.

A lawsuit also included the Township on the basis that the municipality owed a duty of care to protect the child.

The grandmother kept 9 large and aggressive dogs. Neighbours complained and she was requested to comply with the by-law.

The Court awarded Judgment against the grandmother for negligence, but dismissed the case against the municipality on the grounds that there was no duty of care and that the infant plaintiff would not reasonably be relying upon the municipality to protect her interest.

The overall damages were reduced by 25% on account of the contributory negligence of the child. In this case, the child was 12, and having reached the age of reason (approximately 6) could be assessed partial responsibility.

(Kent (Litigation Guardian of) v. Laverdiere Sep. 16, 2011, Ont. S.C.J.)

Brian Madigan LL.B., Broker is an author and commentator on real estate matters, if you are interested in residential or commercial properties in Mississauga, Toronto or the GTA, you may contact him through RE/MAX West Realty Inc., Brokerage 416-745-2300.

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