The plaintiffs sued the tenants and the landlords after a child was bitten by the tenants' dog on the rented premises.
The landlords brought a motion for summary judgment, arguing that the Dog Owners' Liability Act (DOLA) places strict liability on the dog owners and precludes liability under the Occupiers' Liability Act (OLA) when the attack occurs on the dog owner's premises.
The court agreed, finding that DOLA applied exclusively and that the landlords owed no duty of care under the OLA or the Residential Tenancies Act.
Partial summary judgment was granted, dismissing the action against the landlords.