Plaintiffs in Historic Sexual Abuse Claim Granted Partial Summary Judgement on the basis of Guilty Plea to Criminal Charge
Lambert et al v. Lambert, 2022 ONSC 6432
Sexual Abuse Tag Archives
Civil Sexual Assault Lawsuits and the Forensic Accountant’s Role
The role of forensic accounting to determine loss of earning capacity in sexual assault cases.
Framing the Argument for General Damages in Sexual Violence Lawsuits
This article aims to frame the discussion of general and aggravated damages merited in cases of sexual abuse or sexual battery (which for ease of reference will be referred to as “sexual violence lawsuits”). The undertone of sexual violence in the personal injury context augments the appropriate level of general damages in these cases. It is evident upon review of the jurisprudence, that claims for general damages in sexual violence lawsuits cannot be assessed in the same way as personal injury claims related to slip and falls or motor vehicle accidents. There is an added dimension to sexual violence lawsuits, which results in a particularly negative effect upon the plaintiff, and ought to be compensated accordingly…
C.O. v. Williamson, 2020 ONSC 3874
In this case, Justice Salmers found a school board vicariously liable for historical sexual abuse of a student by her teacher and ordered both defendants to pay more than $500,000 in damages. This is an important decision as it imposes liability for the abuse on the school board in the absence of any evidence of wrongdoing on the part of the school board.
Sexual Abuse Damages In Ontario Not Subject To General Damages Cap
In the recent Ontario Superior Court decision of D.S. v. Quesnelle, Justice Smith made it abundantly clear that in Ontario, general damages caps do not apply in civil sexual abuse claims. This decision should be commended as the policy rationale for general damages caps in most other areas of personal injury are drastically different than in the context of sexual abuse cases.
