What is the "functional" approach to assessing damages in a sexual assault case?
Alberta, Canada
The following excerpt is from O'Hara v. Belanger, 1989 CanLII 3196 (AB QB):
In assessing damages, the trilogy and Lindal v. Lindal [1981 CanLII 35 (SCC), [1981] 2 S.C.R. 629, [1982] 1 W.W.R. 433, 34 B.C.L.R. 273, 19 C.C.L.T. 1, 129 D.L.R. (3d) 263, 39 N.R. 361] direct the court to use the "functional" approach. I am to attempt to assess damages by providing reasonable solace for the victim's misfortune.
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