K Non Employment Precedents - The Law of Workplace Sexual Harassment in Canada
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K Non Employment Precedents

K Non Employment Precedents

Similar Damage Claims for Sexual Abuse in Non-employment Cases

Rosenthal v RosenthalOSC 2014Sexual abuse by parentGeneral 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 2011Sexual touching by teacher to studentGeneral 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 2017Plaintiff sexually abused by her criminal lawyer. Single instance of non-consensual physical abuse.$70,000 general damages, $5,000 future counselling
Kauk v DicksonOSC 2005Plaintiff 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 OCAOCAClaim against bar failed as event was not foreseeable 
B.M.G. v Nova ScotiaNS CA 2007Sexual 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
OSCPlaintiff who was driven to a deserted area and sexually assaulted.$75,000 general and $20,000 aggravated damages.
D.M. v W.W.OSC 2013Claim 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 2016Posting of intimate video on pornographic website$100,000 general damages
Shulz v Attorney-General and upheld on appeal although no issue of liability on appealBC CA 2006The 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 ScotiaNS CA 2011Sexual 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 Sproule2008Sexual 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 MacDougall2018
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 WhitfieldOSC 2014Prolonged period of sexual abuse by sibling.$250,000 general damages, $50,000 punitive, special damages of $54,200
C.O. v WilliamsonOSC
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 BainsBCSC 2008Sexual 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
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;

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