Kowalchuk (Litigation Guardian of) v. Britton, 2000 SKQB 328 (CanLII)

Action by Kowalchuk by her litigation guardian for damages arising from a dog bite. Kowalchuk was three years old when she was bitten in the face by a dog. There were complications arising from the stitches inserted to close the wounds. Kowalchuk was hospitalized for three days. The wounds healed, leaving scar tissue. The scars did not disappear over time. Dermabrasion was performed, resulting in improvement to the scars. Further improvement was not possible. There would always be visible scarring on Kowalchuk’s left and upper cheek. The scarring was noticeable even with makeup. Kowalchuk was 13 at the time of trial. She stated that she was very self-conscious.

Action allowed. An appropriate sum to compensate Kowalchuk was $25,000. The scarring was permanent and noticeable. This was particularly difficult for a young woman entering her teenage years. Prejudgment interest was awarded. Special damages of $630 were awarded.

Source: Case Law

Jurisdiction: Saskatchewan

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