Exceptional Damage Awards

Intentional Infliction Past & Future Income Loss

This subject is reviewed here.

 

Case Details Past Loss Future Loss
Boothman v Canada

FC Trial 1993

 

Assault

Intentional infliction of mental suffering

Verbally abusive and threatening language.

loss of future earnings $20,000
Sulz v Attorney-General and upheld on appeal although no issue of liability on appeal

BC CA 2006

Employment case. The claim based on verbally abusive conduct, not sexual harassment.

Negligent infliction of mental suffering against personal defendant for

for which employer held vicariously liable.

$225,000 $600,000 future income loss
Piresferreira v. Ayotte trial and on appeal, leave to appeal dismissed

OCA 2008

Trial decision on income loss set aside by OCA;

Abusive conduct of employer

($284,000) (Award of $200,000 of future income loss)
C.D. v Mostowy

B.C. S.C.

October 2021

 

[C.D.] was 44 years of age and was employed by Mr. Mostowy from November 23, 2010 to December 9, 2010. Using sexualized conversations, he used massages to gradually expose and touch her breasts, despite her protestations. Eventually, he exposed his penis and began masturbating in front of her and then placed his penis in her hand. He used her breasts to masturbate himself to ejaculation. This was repeated the following day, with a brief period of fellatio. The victim became emotionally upset by this conduct and suffered stress-induced migraine headaches for which she was prescribed a narcotic $284,400 $540,000