Case |
Court Year |
Summary |
Award |
Rosenthal v Rosenthal |
OSC 2014 |
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. |
A.B. v C.D. |
BCSC 2011 |
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. |
R.B. v E.S. |
OSC 2017 |
Plaintiff sexually abused by her criminal lawyer. Single instance of non-consensual physical abuse. |
$70,000 general damages, $5,000 future counselling |
Kauk v Dickson |
OSC 2005 |
Plaintiff was viciously attached and sexually assaulted after leaving a bar. Defendant was sentenced to 8 yrs in jail. |
$75,000 general damages. |
Kauk v Dickson OCA |
OCA |
Claim against bar failed as event was not foreseeable |
|
B.M.G. v Nova Scotia |
NS CA 2007 |
Sexual assault in non-employment context |
$80,000 in general damages inclusive of aggravated damages, $500,000 for past and future income loss. |
Paton v Phaure 2002 Carswell Ont 2389 |
OSC |
Plaintiff who was driven to a deserted area and sexually assaulted. |
$75,000 general and $20,000 aggravated damages. |
D.M. v W.W. |
OSC 2013 |
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. |
Doe 464533 v N.D. |
OSC 2016 |
Posting of intimate video on pornographic website |
$100,000 general damages |
Shulz v Attorney-General and upheld on appeal although no issue of liability on appeal |
BC CA 2006 |
The claim based on verbally abusive conduct, not sexual harassment. Negligent infliction of mental suffering |
$125,000 general damages, $600,000 future income loss, $225,00 past income loss |
L.M.M. v Nova Scotia |
NS CA 2011 |
Sexual assault in non-employment context against same defendants as above in parallel case (B.M.G. v Nova Scotia) |
$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. |
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. |
B.E.S. v MacDougall |
2018 BCSC |
Plaintiff sexually abused in prison, subjected to violent sexual attack, including forced anal intercourse. |
$150,000 in general damages and $25,000 for future care |
Whitfield v Whitfield |
OSC 2014 |
Prolonged period of sexual abuse by sibling. |
$250,000 general damages, $50,000 punitive, special damages of $54,200 |
C.O. v Williamson |
OSC 2020 |
Student sexually assaulted by teacher |
$300,000 in general damages, $100,000 against personal defendant (unrepresented at trial); court expressed view it would have awarded $150,000 but $100,000 was the sum requested; $200,000 awarded for prospective lost income claim, described as loss of competitive advantage; |
Waters v Bains |
BCSC 2008 |
Sexual abuse by aunt and uncle. |
$325,000 general damages, $80,000 punitive, $10,000 costs of future care |
MacLeod v Marshall OCA upholds jury award; leave application dismissed |
OCA 2019 |
prolonged sexual abuse of child by priest |
$350,000 in general damages, separate award of aggravated damages of $75,000, $500,000 in punitive damages, past and future lost income claim of $1.6 million; |