Dog Bite (Tort)

Curwen v. Srivathsan, 2019 ONSC 6547 (CanLII)

[11] Subsection 2(1) of the Dog Owners’ Liability Act states that the owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal. Pursuant to s. 2(2), where there is more than one owner of a dog, they are jointly and severally liable.

[12] The Defendants are the owners of Oscar and are therefore jointly and severally liable for the damages resulting from the injury to Zoe.

[13] Non-pecuniary general damages are those damages awarded for pain and suffering, injury to health, loss of ability to enjoy the normal amenities of life, and personal inconvenience which flow naturally from the injuries that were sustained: Strom (Litigation Guardian) v. White (1994), 1994 CanLII 7342 (ON SC), 21 O.R. (3d) 205, 1994 CarswellOnt 160, at para. 23 (S.C.J.). The “monetary evaluation of non-pecuniary losses is a philosophical and policy exercise more than a legal or logical one”:Andrews v. Grand & Toy Alberta Ltd., 1978 CanLII 1 (SCC), (1978) 2 S.C.R. 229, at p. 261.

[14] In Moretto v. Nicolini-Femia, 2017 ONSC 3945, at para. 62, Shaughnessy J. noted that case law is of limited utility in dog bite cases because the assessment of damages is very much case specific. The case law nonetheless provides some guidance as to a potential range of damages. In Moretto, both parties provided detailed expert evidence pertaining to the diagnosis and prognosis of the plaintiff’s injuries, which included facial scarring. Shaughnessy J. assessed damages for physical injury at $40,000 and damages for psychological injury at $5,000. A further $12,500 was awarded for future care costs for laser treatments and sunscreen.

[15] In Strom v. White, a six-year old boy suffered three lacerations with ongoing scars and psychological trauma resulting from a dog bite. Kozak J. awarded $22,000 in general damages. In Meloche v. Bezaire, [2005] O.J. No. 947 (S.C.J.), the plaintiff suffered ongoing trauma, pain and visible scarring on her leg and was awarded $30,000. In Zhan v. Kumar, [2008] O.J. No. 1102 (S.C.J.), the court awarded $35,000 in general damages to the plaintiff, who suffered lacerations to his face, residual numbness and depression.

[19] I accept the seriousness of the injuries suffered by Zoe, as well as her ongoing anxiety relating to dogs and to her appearance. However, there was limited medical evidence regarding Zoe’s current circumstances. Based on the evidence and the range of damages awarded in similar cases, I find that a reasonable amount for general damages for the injury suffered by Zoe is $37,500.00.

Swoffer and Bela, 2019 ONSC 3881 (CanLII)

[12] As a result of the dog bite, the Plaintiff suffered two puncture wounds to his left hand. Photographs attached to the Plaintiff's affidavit herein show nasty wounds on either side of the hand which confirmed the Plaintiff's evidence to the effect that the dog's teeth actually pierced his hand.

[13] Immediately following the dog bite, the Plaintiff attended for medical attention. The attending physician describes the Plaintiff's injuries as consisting of two lacerations on the Plaintiff's left palm, one approximately two centimetres in length and one approximately five centimetres in length. These lacerations were cleaned, sutured and bandaged. Twelve sutures were required. The Plaintiff also received a tetanus shot and was given a prescription for antibiotics.

[18] The Plaintiff asserts that prior to the dog bite he had no physical limitations with respect to the use of his left hand, that he was independent in all activities of daily living and he did not require assistance. He further asserts that for approximately eight to ten months following the dog bite he experienced severe limitations in the use of his left hand on a daily basis. That involved difficulty opening and closing his hand, stretching his hand, lifting things and grasping objects. When he attempted to hold items or lift anything with any weight, he would experience significant discomfort and sharp shooting pain at the site of the injury. Some of the activities he has experienced difficulty with include pushing the lawnmower, lifting boxes, sleeping on his hand and even zipping up his jacket, all being tasks for which he required assistance.

[19] The Plaintiff was unable to use his hand at all for at least a month after each of the three surgeries and required the assistance of his parents with respect to activities of daily living and employment.

[20] As of the date of the hearing of the Motion, the Plaintiff continued to suffer from heightened sensitivity to touch and pressure at the site of the injury, some seven months after his last surgery. He continues to experience significant weakness in his grip strength and remains unable to make a full fist.

[21] I am advised as well by counsel that there is a significant risk of a further recurrence of the Dupuytren's Disease.

[22] As noted above, at the time of this incident the Plaintiff worked as a newspaper delivery man. He was unable to return to that work for a period of one month after the dog bite, but when he did return he required assistance as he was unable to use his left hand to lift newspaper boxes, fold and assemble the papers and pull the wagon. His father assisted him with this task for approximately four months thereafter.

[23] Quite understandably, the Plaintiff's also experiencing some psychological issues involving significant anxiety and fear of large dogs. He also continues to have recurring nightmares and flashbacks about the dog bite.