The minor plaintiff was attacked by a dog while visiting the residence of the defendant tenants with her parents. The landlord defendants, who owned the home, were not present at the time of the attack. The landlord defendants brought a summary judgment motion on the basis that the Dog Owners’ Liability Act (DOLA) places liability squarely on the owner of the dog, and the Occupiers’ Liability Act (OLA) did not apply in the circumstances. The plaintiffs argued that the landlord defendants breached common law and statutory duties as occupiers and landlords, and also allowed a hazard on the property in contravention of the Residential Tenancies Act (RTA). Justice Fraser granted partial summary judgment in favour of the landlord defendants and dismissed the action as against them. Justice Fraser found that the DOLA applied to the circumstances of the claim, and that the OLA did not apply. Justice Fraser also found no liability under the RTA because the sections the plaintiffs relied on apply to common areas and not the rental unit.
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