What is the test for a cap on non-pecuniary damages for sexual abuse?

Ontario, Canada


The following excerpt is from D.S. v. Quesnelle, 2019 ONSC 3230 (CanLII):

On the question of whether there should be a cap on awards of non-pecuniary damages for sexual abuse, the court reasoned as follows at paragraph 30: I am not persuaded that the policy reasons which gave rise to the imposition of a cap in "the trilogy" have any application in a case of the type at bar. In my opinion the differences described by Cory J. [Hill v. Church of Scientology of Toronto 1995 CanLII 59 (SCC), [1995], 2 S.C.R. 1130] exist in this case as well. The policy considerations which arise from negligence causing catastrophic personal injuries, in the contexts of accident and medical malpractice, do not arise from intentional torts involving criminal behaviour. There is no evidence before us that this type of case has any impact on the public purse, or that there is any crisis arising from the size and disparity of assessments. A cap is not needed to protect the general public from a serious social burden, such as enormous insurance premiums. Insofar as damage awards may be so high as to be wholly erroneous, or wholly disproportionate, an appellate court may intervene to correct disparity, and to foster consistency. In contrast, sexual abuse claims do not usually result in awards guaranteeing lifetime economic security. In the catastrophic personal injury cases, awards under other heads of damages are so high that there may be a lesser need for general damages to provide solace and to substitute for lost amenities. In some cases, sexual abuse victims may require and deserve more than the "cap" allows, due to the unpredictable impact of the tort on their lives. Judges, juries and appellate courts are in a position to decide what is fair and reasonable to both parties according to the circumstances of the case.

Other Questions


What is the range of damages for physical and sexual abuse suffered by children as a result of physical abuse? (Ontario, Canada)
What is the range of aggravated damages for sexual abuse? (Ontario, Canada)
What is the sentencing of an adult sexual predator who sexually abused a minor? (Ontario, Canada)
What is the test for obtaining medical records and sexual activity records in a sexual assault case? (Ontario, Canada)
What are the damages for damages for loss of capital loss and loss of value in a personal injury case? (Ontario, Canada)
In what circumstances will a jury award damages for medical malpractice for a plaintiff who sustained long-term brain damage as a result of a motor vehicle accident? (Ontario, Canada)
When dealing with punitive damages, when dealing with compensatory damages, does the court have a much greater scope and scope on appeal? (Ontario, Canada)
Can a landlord obtain damages from a tenant for damage caused to the roof of a residential unit where the tenant is no longer paying rent? (Ontario, Canada)
What is the impact of the reform of corroboration rules in the realm of sexual abuse prosecution? (Ontario, Canada)
Does a loss of profit or damages based on a increase in the capitalization ratio applied in the valuation of shopping centres after July 2004, or are there any potential losses or damages? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.