Dog Attack Plaintiff Barks Up Wrong Tree: Action Dismissed On Definition Of “Owner”

In Nigro v. Luciano, 2026 ONCA 283 (“Nigro”), the Ontario Court of Appeal dismissed the plaintiff dog-walker’s appeal of a decision dismissing her personal injury action for injuries sustained in a dog attack. The appeal and underlying summary judgement motion decision turned on the definition of “owner” under the Dog Owners’ Liability Act (R.S.O. 1990, c. D.16; “DOLA”).

The plaintiff, Amanda Nigro, was an employee of a dog-walking company. She was hired by the defendants, Michael Luciano and Amanda Luciano, to walk the Lucianos’ dog, “Forrest Gump” (“Forest”). For about 4 months, the plaintiff walked Forrest a few times per week. One day, the plaintiff attempted to apply booties to Forrest’s feet. Forrest disagreed. The dog attacked and injured the plaintiff.