We have received many dog attack case referals across the Province this year. During the course of research in our caselaw database we came across some interesting cases. In the case o
f Meloche v. Bezaire a dog bite victim recovered approximately $51,000 in damages for being bitten by two large dogs. The Plaintiff Sharon and her husband Andrew resided on a farm adjoining the Defendant. The Defendant Bezaire had two large dogs that were allowed to run at large notwithstanding the complaints from both Sharon and Andrew. Before this dog attack, Sharon was bitten by one of the dogs but that dog bite did not rupture the skin. She tried to talk to Ms. Bezaire, which resulted in Ms. Bezaire erecting a sign that said “DOG HATERS STAY AWAY”.
On April 10th the Plaintiff went to get her mail and as she returned from the mail box she was attacked by the neighbours’ dogs once again. She was bitten in the left arm, right hip and left calf. The dogs were subsequently pulled off by three males. The injuries consisted of a large bite wound on her calf, three puncture wounds on her left forearm and several scrapes. There were dog scratches, bruising and swelling on her left thigh and a large bite wound on the right thigh. Sharon also sustained a scraped right elbow and scraped knee. The Plaintiff was required to rest for approximately four months due to these injuries and she continues to suffer from pain and noticeable scars. Judge McGarry noted that the actions of the Defendant with respect to these dogs was simply outrageous in the she refused to curtail the activities of the dogs once they were released subsequent to this incident and they still remained at large on her property until the following November as a result of an order of the court. The Plaintiff Sharon suffered from great anxiety, constant frightening of dogs, being unable to carry out her past hobbies including cycling, walking due to pain and anticipated trauma in coming across dogs at large. She still continued to have fears at the time of trial. Also during the following three or four months she had problems with her normal daily activities and housekeeping chores.
Judge McGarry assessed the damages for pain and suffering at $30,000, aggravated damages at $10,000 (stating that clearly the Defendant was aware of the propensity of these animals to cause injury), he awarded her husband $3,000 for loss of care, guidance and companionship, payback to OHIP in the amount of $596, $360 in out of pocket expenses and $7,000 in legal fees.
This case demonstrated the ongoing neglect that some dog owners have when they are aware of the propensity of their dogs to cause injury. If you have been attacked by a dog, please do not hesitate to call this office to learn your rights. We are well known across Ontario for prosecuting for damages on behalf of dog bite victims. There are dog owner laws which protect you legally and amendments to those laws which specifically deal with restrictive pitbulls or dogs that look like pitbulls. If you have any questions, please do not hesitate to contact Haber & Associates. We can help.
This is not legal advice. The above does not constitute any solicitor-client relationship.
The above is a comment on the Dog Owners Liability Act and the case of Meloche v. Bezaire 2005 Carswell ON 938