Chart Damages: Intentional Infliction: Past & Future Income Loss
This subject is reviewed here.
| Case | Details | Past Loss | Future Loss |
|---|---|---|---|
| Boothman v Canada | Assault | loss of future earnings $20,000 | |
| FC Trial 1993 | Intentional infliction of mental suffering | ||
| Verbally abusive and threatening language. | |||
| Shulz v Attorney-General and upheld on appeal although no issue of liability on appeal | Employment case. The claim based on verbally abusive conduct, not sexual harassment. | $600,000 future income loss | |
| BC CA 2006 | Negligent infliction of mental suffering | ||
| Piresferreira v. Ayotte trial and on appeal, leave to appeal dismissed | Trial decision on income loss set aside by OCA; | ($284,000) | (Award of $200,000 of future income loss) |
| OCA 2008 | Abusive conduct of employer | ||
| C.D. v Mostowy | [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 |
| B.C. S.C. | |||
| Oct-21 | |||