#24914
scotlandx
Strataguru

    Assuming a couple of things:

    – there are associated by-laws that provide that an owner must keep their pet under control when it is on common property etc.; and

    – the OC is not on notice that the animal has acted in a way that is a concern, and not done anything about it – for example, someone has complained to the OC about a dog roaming free and attacking people, and the OC has done nothing to enforce the by-laws,

    then the OC should not be liable.  The owner of the animal would be liable.