Pre-judgment interest (“PJI”) on damages in historical sexual abuse cases involving plaintiffs who seek compensation for wrongs perpetrated against them years and sometimes decades earlier has long been a contentious issue. At what point in time should interest start to accrue, and at what rate? Two recent Ontario court decisions involving adult plaintiffs suing for […]
Elizabeth Grace's Archive
The Ontario Court of Appeal in its October 25, 2019 decision in MacLeod v. Marshall, 2019 ONCA 842 has clarified that when a minor is injured and later, in adulthood, sues for compensation, they need not prove their past loss of income on the usual balance of probabilities standard. Instead, because at the time of […]
Land Mark Ruling in Sexual Assault – Ontario Court Confirms No ‘CAP’ On Damages For Pain and Suffering
Concluding the sexual abuse and its impacts were “at the upper end of the worst-case scale”, an Ontario court has awarded a plaintiff $400,000 for non-pecuniary damages: D.S. v. Quesnelle, 2019 ONSC 3230. From ages 5 to 10, the plaintiff had endured horrendous weekly sexual assaults by his stepfather. In making this award for pain […]
While the doctrine of vicarious liability is one of the more powerful legal tools to deter and prevent sexual misconduct because it targets employers and organizations, Canada is arguably falling behind other jurisdictions in its application, says Toronto civil sexual abuse lawyer Elizabeth Grace. Read the full article on AdvocateDaily.com
Prince Andrew wanted to memorialize his friend and former chaplain at Lakefield College School, Father Keith Gleed. The resulting tribute prompted victims of Father Keith Gleed’s sexual abuse to finally break their silence. Read the full Maclean’s article.
In the second installment of a two-part series on advancing damages in sexual assault claims, Elizabeth Grace discusses how one recent decision has increased the range for non-pecuniary damages in single incident adult female cases. Read the full article on AdvocateDaily.com.
In the first installment of a two-part series on advancing damages in sexual assault claims, Elizabeth Grace discusses how one recent decision has increased the range for non-pecuniary damages in single incident adult female cases. Read the full article on AdvocateDaily.com.
When Toronto civil sexual abuse lawyer Elizabeth Grace started developing her “niche” practice 25 years ago, her inspiration was in large part to help women who disproportionately suffer from sexual misconduct and assault. “I thought I would have a large clientele of women, but over the years, I would have to say the majority of […]
As more people come forward and share their allegations of sexual assault and harassment in the wake of the #MeToo movement, there will also be an increase in defamation suits, says Toronto civil sexual abuse lawyer Elizabeth Grace. Read the full article: Defamation and sexual misconduct: “End of Story” by H.G. Watson in the magazine […]