A recent decision by Ontario's highest court has clarified the legal status of dog walkers under provincial law. In a case that has drawn significant attention, part-time dog walker Amanda Nigro was bitten by a large male boxer named Forrest Gump while attempting to put booties on his paws. Nigro subsequently sued the dog's owners, Michael and Amanda Luciano, for $1 million in damages. However, the court ruled that Nigro herself is considered an 'owner' under the Dog Owners' Liability Act (DOLA), thereby preventing her from recovering compensation from the Lucianos.
Court Ruling Details
The Court of Appeal upheld a lower court's decision to dismiss Nigro's claim. The appeal court stated, 'There can be no doubt that the appellant was an owner of Forrest for purposes of the DOLA. As was found by the motion judge, she was unquestionably the person in a position to control the behaviour of the dogs at the critical time.' This ruling aligns with a 2017 Court of Appeal decision that defined an 'owner' as anyone in physical possession and control of a dog just before it bites or attacks.
Incident Background
According to court documents, Nigro had been hired by the Lucianos to walk and care for their two dogs three times per week. On March 24, 2022, while inside the Lucianos' Oshawa home, she attempted to prepare Forrest for a walk by putting booties on his feet. The dog lunged at her, biting her left arm and shaking it. After freeing her arm, Forrest continued to attack, biting her on the abdomen, left upper thigh, and both arms. Nigro suffered significant injuries as a result.
Legal Arguments and Outcome
Nigro sought $350,000 in general damages and $650,000 in special damages. The Lucianos filed a motion for summary judgment to dismiss the claim, which was granted in February 2025 by Superior Court Justice Vanessa Christie. Justice Christie ruled that Nigro's status as an 'owner' under the DOLA was irrelevant to whether she was acting under the defendants' direction. The appeal court agreed, rejecting Nigro's argument that the Lucianos should be held liable because the attack occurred in their home. The court emphasized that Nigro was in physical possession and control of Forrest immediately before the incident.
In addition to losing her claim, Nigro was ordered to pay $5,000 in legal costs to the Lucianos. This case serves as a stark reminder of the legal responsibilities that come with dog walking and pet care in Ontario.
