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Elizabeth Grace's Archive

SCC won’t hear case involving vicarious liability for sex assault

It’s unfortunate that the Supreme Court of Canada (SCC) will not hear a case dealing with whether to attach legal responsibility to a cab company when a driver engages in sexual misconduct against a passenger, Toronto civil sexual abuse lawyer Elizabeth Grace tells AdvocateDaily.com. “With the recent public attention being directed at the issue of sexual harassment and […]

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Canada’s Highest Court Delivers Wake-up Call on Child Sexual Abuse UPDATED

The Supreme Court of Canada has spoken out about the pervasiveness of child sexual abuse and the profound harms it causes, and has implored those involved in the justice system to treat this problem with more care and sensitivity.  In R. v. Friesen, 2020 SCC 9, a case involving a young victim of sexual offences, […]

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Pre-judgment Interest Developments in the Historical Sexual Abuse Context

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 […]

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Lower Threshold for Proving Income Loss in Cases Involving Childhood Sexual Abuse and Injury

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 […]

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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 […]

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Vicarious liability in sexual abuse cases lagging in Canada?

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. This judge-made doctrine holds organizations accountable for both the negligent and intentional […]

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Sexual abuse by Chaplain Keith Gleed, an Anglican priest, at Lakefield College School

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.

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Trends in civil sexual abuse awards: part 2

In the second instalment of a miniseries on advancing damages in sexual assault cases, Toronto civil sexual abuse lawyer Elizabeth Grace discusses developments in awards for historical childhood abuse. The award ranges for pain and suffering awards in historical childhood sexual abuse cases are steadily climbing, Toronto civil sexual abuse lawyer Elizabeth Grace tells AdvocateDaily.com. “These inflation-adjusted non-pecuniary ranges act as […]

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Trends in civil sexual abuse awards: part 1

In the first installment of a two-part series on advancing damages in sexual assault claims, Toronto civil sexual abuse lawyer Elizabeth Grace discusses how one recent decision has increased the range for non-pecuniary damages in single incident adult female cases. In an area of law where the significant harms caused by sexual assault and misconduct […]

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Punitive damages awarded in revenge porn case

A recent civil case where the court awarded $100,000 in general, aggravated and punitive damages to a victim of “revenge porn” is a significant advancement of the common law, Toronto civil sexual abuse lawyer Elizabeth Grace tells AdvocateDaily.com. The Ontario Superior Court of Justice matter involved the plaintiff who was seeking a default judgment against her former boyfriend for damages […]

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