Maximum award for scarring after laser hair removal

In a thorough decision reported late July, Deputy Judge Mirilyn Sharp awarded $50,000 plus interest and costs to a woman burned in a laser hair removal procedure.

For reasons unknown, counsel for the defendants, Derma Bar and esthetician Teresa Distasio, was convinced the plaintiff was owed no more than $5,000. The defendants refused an offer to settle for $10,000.

At trial, counsel seemed focused on mitigation. Why didn't the plaintiff seek treatment for the scarring? Why didn't she use make up to cover the scars and hypopigmentation?

It was not a wise approach. Sharp DJ found that the defendants had failed to meet the reasonable standard of care owed to their client. The damages arose from negligence.

Defendants, unless you're nearly certain that you'll be successful, $10,000 is a bargain to avoid a trial if you have representation. The costs for trial prep, attendance, and submissions pile high. And as this case (one of many) demonstrates, counsel often predicts the outcome rather poorly.

Estheticians, to avoid finding yourself in this situation, be sure to

- explain the risks of a procedure before performing it
- have the client then sign an informed consent form, and keep a copy for at least 2 years
- review the medical information your client provides and explain any additional risks that might result
- if you are unsure about the risks associated with a particular medical condition, postpone the procedure until you have that information
- if your client says that the procedure is causing pain, END IT IMMEDIATELY
- take the time to explain post-procedure care
- avoid booking the procedure at 6 p.m. on a Friday

If you believe you are owed damages for negligent esthetic care, or if you are provider who met your duty of care to the client but must nonetheless defend a court action, a paralegal can help.

The decision is reported at Micallef v Distasio, 2026 CanLII 87468 (ON SCSM).