Case information

None.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Common Law - Torts - Damages - Damages for past wages lost while incarcerated - Whether exceptional circumstances arise allowing an award for past wages lost during periods of incarceration - Whether there was clear and cogent evidence supporting an award for past wage loss - Whether it was open to the Court of Appeal to reduce the awards for past wage loss and loss of future earnings.

While imprisoned at 18 years of age for a crime committed to support a cocaine addiction, the Appellant was sexually abused twice by a classification officer employed at his correctional institution. He did not disclose the abuse. After his release, the Respondent became a heroin addict and a repeat offender. He spent 12 of the next 15 years in prison for a variety of offences. The Respondent disclosed the past abuses after learning of an investigation into abuse at the correctional centre. The correctional officer was convicted of sexual assaults against the Respondent. The Respondent brought an action for damages and the Crown admitted liability. The Crown denied that all of the Respondent’s alleged difficulties were caused by the assaults. Trial proceeded to determine causation and damages. The Appellant was ordered to pay general and aggravated damages of $60,000, $15,000 for future counselling, $150,000 for past wage loss and $50,000 for future income loss. On appeal, the appeal against awards for past wage loss and future income loss was allowed in part; the award for past wage loss was reduced to $90,000 and the award for loss of future income reduced to $35,000.