Sexual Assault: Civil: Non-Employment Cases
There is no logical distinction for damage awards in non-employment tort cases to differ from the employment based cases. That said, many of these cases show extreme wrongdoing. There is no logic to see a jury damage award of $400,000 awarded to a person repeatedly sexually abused for 6 years as a child and an award of $300,000 made to a person abused as a 29 year old man on a singular occasion. See the review made by the Ontario Court of Appeal for the correct approach to the damage assessment. A summary of these awards appears below.| Similar Damage Claims in Non employment-sexual harassment cases | |||
|---|---|---|---|
| Evans v Catholic Children's Aid Society & Estate of Peter Kaczmarczyk | Plff was sexually abused by the live-in boyfriend of her foster parent for 6 years. CAS and personal defendant were found by jury to be jointly liable. | Jury award of $400,000 in general and aggravated damages, past income loss of $940,000, and future counselling of $50,000. As against the Estate of the personal defendant, the jury awarded $1,000,000 in punitive damages. Damages apportioned 75% against the Estate and 25% against the CCAST. |
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| B.E. v O.R. not on canlii | OSC November 2024 | Plff, 29 years old, sexually assaulted by older neighbour, a lawyer, and a family friend.The assault included repeated acts of fellatio upon the plaintiff. The trial judge accepted the plaintiff’s evidence, concluded that there was no consent and that the plaintiff was traumatized by these events. | $300,000 for general and aggravated damages, plus punitive damages of $250,000. In addition, sums were allowed for past lost income and future psychological care. Substantial indemnity costs were also granted. |
| Upton v Carson | Plff sexually assaulted by defendant, while visiting her girlfriend for a weekend. Defendant was boy friend of plff's girl friend. Sexual assault occurred while she was asleep after consuming alcohol. | $185,000 for general and aggravated damages, $200,000 for loss of earning capacity, $100,000 for future therapy costs, full costs of $14,000 | |
| OSC June 2024 | case was not defended | ||
| Aubin v. Bowie | OSC January 10 2024 | Plff was client of lawyer defendant. Lawyer requested oral sex be provided in lieu of payment of legal fees. Lawyer later denied allegations unsuccessfully. The case was undefended. | Damages for breach of fiduciary duty $75,000; human rights $65,000; defamation $30,000; punitive damages $25,000. Total award was $195,000. Costs also of $40,000. |
| The defendant moved successfully to set aside the noting of default against him and was allowed to file a defence in September of 2023. He was again noted in default following this order after which the motion for judgment noted above was made. | |||
| Bowie was later charged criminally arising from this conduct and other and was sentenced to 4 years in jail. | |||
| R.B. v E.S. | Plaintiff sexually abused by her criminal lawyer. Single instance of non-consensual physical abuse. | $70,000 general damages, $5,000 future counselling | |
| OSC 2017 | |||
| Doe 464533 v N.D. | OSC | Posting of intimate video on pornographic website | ($100,000 general damages) Award set aside. |
| 2016 | |||
| Default award was set aside and defence was allowed to be filed. | |||
| Rosenthal v Rosenthal | OSC | Sexual abuse by parent | General damages inclusive of aggravated damages $18,000, $450,000 past income loss, $45,000 future income loss, 30,000 punitive damages. The case was undefended. |
| 2014 | |||
| Appellant allowed trial costs of $162,000 plus appeal costs of $60,000 p6us disbursements of $16,000. | |||
| Whitfield v Whitfield | OSC | Prolonged period of sexual abuse by sibling | ($250,000 general damages, $50,000 punitive, special damages of $54,200) Award set aside on liability reversal. |
| 2014 | |||
| Trial award set aside on appeal. | |||
| Leave to appeal dismissed. | |||
| D.M. v W.W. | OSC | Claim of sexual abuse as a 12 year old against uncle | $95,000 general damages, $30,000 punitive damages, $85,000 loss of earning capacity, $10,000 future care and substantial indemnity costs. The damage assessment was undefended. |
| 2013 | |||
| A.B. v C.D. | BCSC | Sexual touching by teacher to student | General damages of $50,000, damages for loss of future earning capacity of $30,000, special damages of $10,045, and future care expenses of $20,000. |
| 2011 | |||
| L.M.M. v Nova Scotia | NS CA | Sexual assault in non-employment context against same defendants as in BMG below, parallel case | $125,000 for general damages, $250,000 for lost income and $60,000 future counselling. The Appeal allowed the future counselling which was neither denied nor awarded at trial. |
| 2011 | |||
| Kauk v Dickson OCA | OCA | Claim against the bar failed as event was not foreseeable | |
| 2008 | |||
| Evans v Sproule | 2008 | Sexual assault by police officer in cruiser while on duty. The plaintiff suffered from post-traumatic stress disorder, anxiety and depression requiring medical treatment. | $150,000 general and aggravated damages, $40,000 lost earning capacity, $12,342 future therapy costs and $25,000 punitive damages. |
| Waters v Bains | BCSC | Sexual abuse by aunt and uncle | $325,000 general damages, $80,000 punitive, $10,000 costs of future care |
| 2008 | |||
| B.M.G. v Nova Scotia | NS CA | Sexual assault in non-employment context | $80,000 in general damages inclusive of aggravated damages, $500,000 for past and future income loss. |
| 2007 | |||
| Kauk v Dickson | OSC | Plaintiff was viciously attached and sexually assaulted after leaving a bar. | $75,000 general damages. |
| 2005 | Defendant was sentenced to 8 yrs in jail. | ||
| Paton v Phaure | OSC | Plaintiff who was driven to a deserted area and sexually assaulted. | $75,000 general and $20,000 aggravated damages. |
| 2002 Carswell Ont 2389 | 2002 | ||
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