The Ontario Superior Court has awarded general damages in excess of the cap in a sexual assault case, a first for the province, say lawyers.
Known as the trilogy, three cases from the late 1970s – Andrews v. Grand and Toy Alberta Limited, Thornton v. District No. 57 and Arnold v. Teno – established that plaintiffs could not recover more than $350,000 (adjusted for inflation) for non-pecuniary damages as the result of a catastrophic personal injury.
In D.S. v. Quesnelle, Justice Clyde Smith awarded $400,000 to a man repeatedly sexually assaulted by Louis Omer Quesnelle between 1987 and 1992. In a criminal trial, Quesnelle was convicted in 2013 and sentenced to five years in prison.