Dog walker can't sue for damages after being bitten on job in Oshawa: Court
· Toronto Sun
After part-time dog walker Amanda Nigro was bitten by a large male boxer named Forrest Gump while trying to put booties on his feet, she sued his owners for $1 million.
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Now she’s been bitten twice.
Ontario’s highest court recently upheld a lower court’s decision to dismiss her claim, finding the dog walker is considered an “owner” under the Dog Owners’ Liability Act (DOLA) and all owners are jointly and severally liable — so she’s out of luck.
“There can be no doubt that the appellant was an owner of Forrest for purposes of the DOLA,” the appeal court ruled. “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.”
According to the decision, Nigro had been hired by Michael and Amanda Luciano to walk and care for their two dogs three times a week and on March 24, 2022, was in their Oshawa home trying to ready Forrest to go out to relieve himself. As she approached the five-year-old dog with the booties in one hand, the decision said it lunged at her, bit into her left arm and started shaking it. After she managed to get her arm loose, Forrest continued to attack her, biting her on various parts of her body.
The decision said she suffered injuries to her abdomen, left upper thigh and both arms.
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Similar decision made in 2017
Nigro sued the couple for $350,000 in general damages and $650,000 in special damages. The Lucianos brought a motion for a summary judgment to dismiss the claim, which was granted in February 2025 by Superior Court Justice Vanessa Christie, who found Nigro was considered an “owner” under the DOLA.
“It is irrelevant whether the plaintiff was exercising control over Forrest with or without the defendants’ direction or approval. All that is relevant is that the plaintiff was in physical possession of Forrest directly before the incident,” she wrote.
According to a similar Court of Appeal ruling in 2017, “a person who is in physical possession and control over a dog just before it bites or attacks another person or animal” is a person who “possesses” a dog and is therefore an “owner” under the act.
The dog walker had argued the couple should be held liable because the attack happened in their home – which was also rejected by the appeal court.
“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.”
Nigro not only lost, but was also ordered to pay $5,000 in legal costs to the Lucianos.