K Non Employment Precedents

K Non Employment Precedents

Similar Damage Claims for Sexual Abuse in Non-employment Cases

Case	Court Year	Summary	Award
Rosenthal v Rosenthal	OSC 2014	Sexual abuse by parent	General 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 2011	Sexual touching by teacher to student	General 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 2017	Plaintiff sexually abused by her criminal lawyer. Single instance of non-consensual physical abuse.	$70,000 general damages, $5,000 future counselling
Kauk v Dickson	OSC 2005	Plaintiff 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 OCA	OCA	Claim against bar failed as event was not foreseeable
B.M.G. v Nova Scotia	NS CA 2007	Sexual 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	OSC	Plaintiff who was driven to a deserted area and sexually assaulted.	$75,000 general and $20,000 aggravated damages.
D.M. v W.W.	OSC 2013	Claim 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 2016	Posting of intimate video on pornographic website	$100,000 general damages
Shulz v Attorney-General and upheld on appeal although no issue of liability on appeal	BC CA 2006	The 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 Scotia	NS CA 2011	Sexual 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 Sproule	2008	Sexual 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 MacDougall	2018 BCSC	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 Whitfield	OSC 2014	Prolonged period of sexual abuse by sibling.	$250,000 general damages, $50,000 punitive, special damages of $54,200
C.O. v Williamson	OSC 2020	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 Bains	BCSC 2008	Sexual 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	OCA 2019	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;