Sexual Abuse Tag Archives

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.