A.B. and C.D. v. E.F., 2005 NBCA 2

JudgeTurnbull, Daigle and Robertson, JJ.A.
CourtCourt of Appeal (New Brunswick)
Case DateJanuary 13, 2005
JurisdictionNew Brunswick
Citations2005 NBCA 2;(2005), 280 N.B.R.(2d) 309 (CA)

A.B. v. E.F. (2005), 280 N.B.R.(2d) 309 (CA);

    280 R.N.-B.(2e) 309; 734 A.P.R. 309

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2005] N.B.R.(2d) TBEd. FE.030

A.B. and C.D. (plaintiffs/appellants) v. E.F. (defendant/respondent)

(120/04/CA; 2005 NBCA 2)

Indexed As: A.B. and C.D. v. E.F.

New Brunswick Court of Appeal

Turnbull, Daigle and Robertson, JJ.A.

January 13, 2005.

Summary:

A psychiatrist put the female plaintiff on excessive medications, undermining her relationship with her husband and prevailing upon her to have sex with the psychiatrist on two occasions. The plaintiff and her husband sued the psychiatrist for damages. The psy­chiatrist left the country and did not appear at trial. Liability was not at issue.

The New Brunswick Court of Queen Bench, Trial Division, in a decision reported 278 N.B.R.(2d) 310; 728 A.P.R. 310, as­sessed damages accordingly. The plaintiffs appealed.

The New Brunswick Court of Appeal dismissed the appeal.

Editor's Note: Certain names in the fol­lowing case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Damage Awards - Topic 11

Injury and death - General - Continuing pain - A psychiatrist put a patient on ex­cessive medications, undermining the patient's relationship with her husband and prevailing upon her to have sex with the psychiatrist on two occasions - The patient became distressed and upset - She at­tempted suicide by driving a car into the path of a tractor-trailer - The collision left her with serious physical injuries that resulted in orthopaedic problems - She was left in permanent pain and misery, physi­cally and emotionally disabled and unem­ployable - Now aged 53 - The trial judge awarded the patient, inter alia, $100,000 general damages for pain and suffering and $25,000 punitive damages - An award of punitive damages in favour of the patient husband was not appropriate - The New Brunswick Court of Appeal upheld the decision.

Damage Awards - Topic 205

Injury and death - Psychological injuries - Mental distress - [See Damage Awards - Topic 11 ].

Damage Awards - Topic 216

Injury and death - Psychological injuries - Suicide attempts - [See Damage Awards - Topic 11 ].

Damage Awards - Topic 627

Torts - Injury to the person - Sexual as­sault (incl. sexual abuse) - [See Damage Awards - Topic 11 ].

Damage Awards - Topic 2013

Exemplary or punitive damages - Sexual assault (incl. sexual abuse) - [See Damage Awards - Topic 11 ].

Damages - Topic 1302.1

Exemplary or punitive damages - Sexual assault (incl. sexual abuse) - [See Damage Awards - Topic 11 ].

Counsel:

Nicole Beaulieu, for the appellants;

No one appeared for the respondent, E.F.

This appeal was heard on January 13, 2005, by Turnbull, Daigle and Robertson, JJ.A., of the New Brunswick Court of Ap­peal.

The decision of the Court of Appeal was delivered orally in both official languages by the Court on January 13, 2005.

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