When you contact us we will give you the best and worst case scenario. In most offences, the best case scenario is generally the complete removal of the offence from your record. The worst case scenario is, generally the removal or significant reduction of demerit points, reduction of the fine or getting your charge substituted for an included offence. Please contact Y.M. Paralegal Services to discuss your specific circumstances. The predicted outcome of the charge depends on your specific situation, our analysis of disclosure, and other factors.
We offer several services related to traffic offences:
Traffic Ticket Re-openings: This is the process that must be followed when you missed a trial date and were convicted in absentia.
Traffic Ticket Appeals: We can represent you in an appeal from a traffic ticket conviction if the ticket cannot be reopened. Contact the firm to discuss specific reasons you may have for an appeal.
The Ontario dog bite law
The province of Ontario has a Dog Owners’ Liability Act under which the owner of a dog is liable for the damages caused if his or her dog bites someone or attacks a domestic animal. The law is very broad in the way it defines ownership for purposes of holding someone responsible. An owner is anyone who possesses or harbours a dog. This means a person taking a neighbour’s dog for a walk could be held liable if the dog bites someone because the animal was in the possession of the person walking it.
Dog owners cannot defend against a claim for damages by denying knowledge of the animal’s propensity to bite or be aggressive. Owners are held responsible regardless of their dog’s temperament or biting history prior to the attack.
Courts are permitted, under the provincial law, to take into consideration the conduct of the victim in provoking the attack. The damages awarded to a victim can be reduced by the degree to which the victim’s conducted contributed to causing or provoking the attack.
What to do if you are the victim of an attack
An attack by a dog or other animal can be a traumatic event causing serious injuries. If you or a family member is bitten by a dog, you should follow these steps:
- Seek medical attention immediately
- Report the attack to the police or animal services office
- Write down a description of the animal to give to authorities
- Get the names and contact information of witnesses to the attack
- If possible, take pictures of the injuries
- Record the date, time and exact location of the attack
- Try to obtain the name and contact information of the owner of the dog
Toronto is among cities with regulations authorizing animal services agencies to investigate dog bite incidents. The city has the power to issue a caution notice to the owner of a dog involved in an attack and make recommendations for avoiding attacks in the future. Its animal services agency can also order an owner to muzzle a dog whenever it is removed from the owner’s property.
Talk to a dog bite paralegal
If you are injured in an animal attack, Y.M. Paralegal Services might be able to help you recover compensation. Call our office to discuss your case. We offer free consultations and case evaluations.
How to sue for a Dog Bite in Ontario?
Not all dogs are violent. Not all dogs attack. Some good dogs can behave badly. Some dogs aren’t properly socialized to deal with other people. Either way, when a dog bites or attacks, it can produce everlasting physical and emotional consequences. Take note of the Dog Owner’s Liability Act in Ontario, which states the following when it comes to liability of a dog owner for the actions of their dog:
- Liability of owner
(1) The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal. R.S.O. 1990, c. D.16, s. 2 (1).
- Where more than one owner
(2) Where there is more than one owner of a dog, they are jointly and severally liable under this section. R.S.O. 1990, c. D.16, s. 2 (2).
- Extent of liability
(3) The liability of the owner does not depend upon knowledge of the propensity of the dog or fault or negligence on the part of the owner, but the court shall reduce the damages awarded in proportion to the degree, if any, to which the fault or negligence of the plaintiff caused or contributed to the damages. R.S.O. 1990, c. D.16, s. 2 (3).
- Contribution by person at fault
(4) An owner who is liable to pay damages under this section is entitled to recover contribution and indemnity from any other person in proportion to the degree to which the other person’s fault or negligence caused or contributed to the damages. R.S.O. 1990, c. D.16, s. 2 (4).
- Application of Occupiers’ Liability Act
3 (1) Where damage is caused by being bitten or attacked by a dog on the premises of the owner, the liability of the owner is determined under this Act and not under the Occupiers’ Liability Act. R.S.O. 1990, c. D.16, s. 3 (1).
Homeowners insurance and rental insurance protects dog owners. When suing a dog owner for a dog bite, it’s the homeowners' insurer or rental insurer which responds to, defends, and eventually pays out of the claim. If there is homeowners insurance or rental insurance in place, then the homeowner or renter does not have to pay out of their pocket for the defence of the claim as well as pay out of the claim itself. If there is no insurance in place, then it’s a different story. Generally, when there is no insurance coverage in place, recovery can be very difficult.