A woman who was attacked by a dog in B.C.’s Okanagan has been awarded more than $392,000 after suing the animal’s owner for negligence.
Kaarina Schrott won a default judgement in B.C. Supreme Court after the owner—identified as Jocelyn Gaetan Roger—did not respond to her civil claim.
The court heard Schrott, who is a licensed practical nurse, suffered life-altering injuries to her knee during the attack, including a lateral tibial plateau fracture and a meniscus tear.
Justice Karrie Wolfe found those injuries “significantly curtailed” the victim’s ability to take part in the same activities she used to enjoy, such as skiing and gardening.
“She was a high-energy person and was fully engaged in her children’s lives,” reads Wolfe’s June 17 decision.
“While she has returned to some of her activities, there are still many things that she is no longer able to do at all, or not to the same extent as before the incident.”
Dog was ‘off-leash,’ court hears
Schrott said she was jogging in Vernon when the dog attacked her in December 2020.
The court heard she encountered the animal—described in the decision as “large” and “off-leash”—near a parked truck, and that the dog bit her elbow, shook her and pulled her to the ground.
“Ms. Schrott deposes that she started to scream and Mr. Roger got out of his truck and pulled the dog off her,” the decision reads.
“Ms. Schrott says Mr. Roger helped her to his truck and then drove her to her vehicle.”
The victim said she couldn’t stand on her left leg, but drove herself home and proceeded to crawl inside yelling for help.
She underwent surgery days later, was discharged on crutches, and underwent a variety of rehabilitation efforts, including physiotherapy, massage, Pilates and platelet-rich plasma injections—but ultimately had to undergo another surgery more than two years later due to ongoing pain.
The court heard that procedure happened to fall on her wedding anniversary.
“She deposes that any moderate activity results in knee pain that she ranks a ‘7 out of 10,’ which lasts for the remainder of the day,” Wolfe’s decision reads.
“In winter and spring, Ms. Schrott deposes her knee pain is present all day, regardless of her activity level.”
Symptoms ‘likely to be permanent’
Prior to the attack, Schrott ran a business called One Step Foot Care Inc., where she spent most of her time doing hands-on work as a nurse.
Schrott said her duties required her to bend and kneel for extended periods of time.
A doctor who assessed Schrott found that she’s unable to continue doing that work—permanently—and that she’s generally unable to “crouch, kneel, squat, crawl or sit” with her leg in a deeper-flexed knee position, according to the decision.
“It is his opinion that Ms. Schrott’s current symptoms are likely to be permanent and complete recovery is not likely,” it continues.
The court heard Schrott attempted to continue working, but ultimately sold her the business to one of her employees in July 2024.
Unable to serve defendant
Schrott said the dog owner provided his full name and phone number while driving her back to her vehicle following the attack, and that she confirmed the latter by calling his cell before getting out of his truck.
She filed her lawsuit in November 2021, but had trouble serving him notice, either at a property he owns in the Squamish-Lillooet Regional District or at a Surrey address that’s listed on the title for the property.
Wolfe found Schrott made a reasonable effort to do so, however, which eventually included running advertisements in two local newspapers and hiring a process server.
After winning a default judgment, Schrott made additional attempts to serve Roger with a notice of her application to assess damages—something Wolfe noted she was not required to do—but those were unsuccessful as well.
In determining some of the impacts of the attack on Schrott, Wolfe summarized affidavits from her two children, who found she became “emotional, upset, frustrated and exhausted” in the aftermath, particularly in the years between her surgeries.
“Ms. Schrott’s first grandchild was born just weeks after the incident and she was unable to support her eldest child in the manner they both expected,” the decision reads. “Even after the second surgery, the evidence indicates Ms. Schrott’s physical limitations continue to impact her relationships and lifestyle.”
She was awarded $392,352—$200,000 for future loss of earning capacity, $145,000 in non-pecuniary damages, $30,000 for costs of future care and $17,352 in special damages—plus an additional $8,893 under the Health Care Costs Recovery Act and a lump sum of $19,000 for legal costs.
