Category: Dog Bite Damages

The (then) 60 years old plaintiff was injured in a dog bite incident. The plaintiff suffered a rotator cuff tear and bicep tear. She continued to suffer restrictions in the left arm five years later, at the time of trial. Liability was not disputed as of the time of trial. Justice Speyer awarded general damages in the sum of $100,000; past income loss of $59,818.80; no future income loss (because even though the plaintiff wanted to work beyond 65, other medical conditions would have prevented further work); $197,712 for future care costs; $21,036.91 for out of pocket expenses; and $7,866.96 for the OHIP subrogated claim. The total award was $386,434.77.

The plaintiff sustained injuries as a result of a dog bite incident and commenced an action for damages against the dog owners. The action was undefended and the only issue at trial was the quantum of the plaintiff’s damages entitlement. The plaintiff sustained multiple claw marks, puncture wounds, and scars to her face, neck, and left arm in the incident. She had a scar revision surgery but still had permanent scars. She suffered anxiety in relation to the incident. Justice Nishikawa accepted the seriousness of the plaintiff’s physical injuries and ongoing anxiety, but found that there was limited medical evidence regarding her circumstances as of the time of trial. Damages were awarded as follows: $37,500 for general damages; $5,461.43 for OHIP subrogated claim; $2,500 for future care costs; and $10,000 for damages under the Family Law Act.