What happens when the law defines a dog owner more broadly than most people realize?

Under Ontario’s Dog Owners’ Liability Act, a person may be treated as a dog’s owner simply because they have temporary possession or control of the animal. That can include a professional dog walker, a friend taking someone else’s dog for a walk, or a neighbour asked to care for it while the actual owner is away.

But the surprising definition is only part of the legal problem.

In this episode, I’m joined by Toronto personal injury lawyer Shane Katz, who represented a dog walker severely injured while following the owners’ instructions inside their home.

The result? A law intended to hold dog owners accountable may now prevent injured caregivers from recovering against the people who actually own the animal, while also exposing those caregivers to liability themselves.

Things You’ll Learn in This Episode;

• Why Ontario’s Dog Owners’ Liability Act ordinarily allows an injured person to establish liability without proving that the owner knew the dog was dangerous.
• How temporary possession and control of a dog can cause a dog walker or caregiver to be treated as an “owner” under the current interpretation of the law.
• Why being classified as an owner may prevent an injured person from suing the dog’s actual owner under the statute.
• How the precedent discussed in the episode shaped both the summary judgment decision and the unsuccessful appeal.
• Why Shane believes legislative reform may now be the only practical way to restore accountability and protect people temporarily caring for someone else’s dog.

About the Guest

Shane Katz is a personal injury lawyer at Singer Kwinter, where he has been a member of the legal team since 2001. His practice is dedicated exclusively to representing plaintiffs in personal injury, insurance claims, and medical malpractice matters.

Shane has advocated for clients before the Ontario Superior Court of Justice, Divisional Court, and Court of Appeal. He has been involved in several significant cases, including Bonaiuto v. Pilot Insurance Company and Hazan v. ING Insurance Company. He has successfully resolved many matters in which defendants had previously been unwilling to compensate his clients.

Known for his honest, approachable, and compassionate manner, Shane is committed to achieving the strongest possible outcomes while treating every client with dignity and respect.

He is a member of the Ontario Trial Lawyers Association, the Ontario Bar Association, and The Advocates’ Society. His peers have recognized Shane as a leading personal injury litigation lawyer in Best Lawyers in Canada. He also regularly contributes to the profession through continuing legal education, mentorship of articling students and junior lawyers, and involvement with organizations supporting injured and disabled people. Connect with Shane on LinkedIn.

About Your Host

Areta Lloyd practices estate and trusts litigation, with a particular focus on capacity litigation. She participates in public speaking, mentoring junior lawyers, and presenting courses on the topics of estates law, health law, and law practice management. Areta has written for several publications and wrote a column for the Alzheimer caregiver website ALZlive.com.

Resources

Have a suggestion for a great case to feature on the show? Email me at [email protected]

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