Canada tribunal says dog gets one free bite, denies woman’s injury claim

The British Columbia Civil Resolution Tribunal dismissed a woman's claim for damages after she was bitten by a dog in her apartment building, invoking the legal principle that "every dog is entitled to one bite."

Ying Shen was heading toward the lobby of her Vancouver apartment complex to wish the building’s concierge happy holidays when she exited the elevator and encountered her neighbor, Jeffrey Dale Polo, who was returning from a walk with his daughter’s mini Australian Shepherd, Juliet. As they passed each other, the leashed dog bit Shen on her hand. Polo apologized, stating that Juliet was "usually well behaved."

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Shen experienced "intense and growing pain" and took an Uber to St. Paul’s Hospital, where she was treated for a "superficial abrasion" and received a tetanus shot.

She later filed an incident report with the City of Vancouver. A bylaw enforcement officer investigated and determined that Juliet was not considered aggressive under the Animal Control Bylaw, although the dog was found to be unlicensed.

In the tribunal's decision published on May 5, 2025, tribunal member Peter Nyhuus explained that under BC law, an animal owner is liable for damages caused by their animal if they knew, or should have known, of the animal’s dangerous propensity.

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Nyhuus noted that it is unlikely Juliet would have bitten before, as such an incident would have drawn the attention of a bylaw officer, especially given the dog’s unlicensed status.

"While I sympathize with Miss Shen, I am bound to apply the law as it stands," Nyhuus stated. "In the eyes of the law, what happened on December 24 was essentially an accident that no one is to blame for."

As a result, Shen's claim for $4,862.62 in damages was denied.