C.M. v. L.M., 2014 SKQB 102

JudgeScherman, J.
CourtCourt of Queen's Bench of Saskatchewan (Canada)
Case DateApril 04, 2014
JurisdictionSaskatchewan
Citations2014 SKQB 102;(2014), 443 Sask.R. 11 (QB)

C.M. v. L.M. (2014), 443 Sask.R. 11 (QB)

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. AU.008

C.M. (plaintiff) v. L.M. (defendant)

(2013 Q.B.G. No. 344; 2014 SKQB 102)

Indexed As: C.M. v. L.M.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Scherman, J.

April 4, 2014.

Summary:

The plaintiff claimed that the defendant (her stepfather) sexually assaulted her regularly and in a variety of ways when she was between 10 and 14 years of age. The defendant did not defend the claim and was noted for default. The plaintiff sought damages.

The Saskatchewan Court of Queen's Bench awarded the plaintiff non-pecuniary damages of $140,000, punitive damages of $30,000, and loss of earning capacity damages of $30,000.

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 492

Injury and death - General damage awards - Loss of earning capacity - [See Damage Awards - Topic 627 ].

Damage Awards - Topic 627

Torts - Injury to the person - Sexual assault (including sexual abuse) - CM's stepfather sexually assaulted her regularly and in a variety of ways when she was between 10 and 14 years of age - The assaults were major sexual assaults that sometimes involved the use of force - CM experienced a loss of dignity, reduced self-esteem, and negative impacts upon her ability to trust others and to form positive intimate relationships - She abused alcohol and drugs and participated in self-mutilation and other destructive behaviour - She continued to experience flashbacks and nightmares - CM was now married with children - After being on social assistance for two or three years, she attended a business school and had maintained employment with the same employer for the past 17 years - She currently earned $50,000/year - CM sued her stepfather for damages - The Saskatchewan Court of Queen's Bench found that it could not award CM damages at the higher end of the range because she had shown significant resilience - The court awarded non-pecuniary damages of $140,000 (which included an element of aggravated damages because of the stepfather's position of authority), and punitive damages of $30,000 - Recognizing the reasonable possibility that CM might have obtained better educational qualifications or performed better in her employment (resulting in faster and greater advancement) had she not been handicapped by the emotional and psychological burdens, the court awarded $30,000 in loss of earning capacity damages.

Damage Awards - Topic 2013

Exemplary or punitive damages - Sexual assault (incl. sexual abuse) - [See Damage Awards - Topic 627 ].

Damage Awards - Topic 2408

Aggravated damages - Sexual assault (incl. sexual abuse) - [See Damage Awards - Topic 627 ].

Damages - Topic 903

Aggravation - Aggravated damages - Sexual abuse - [See Damage Awards - Topic 627 ].

Damages - Topic 1302.1

Exemplary or punitive damages - Sexual assault (incl. sexual abuse) - [See Damage Awards - Topic 627 ].

Damages - Topic 1549

General damages - General damages for personal injury - Impairment of earning capacity - [See Damage Awards - Topic 627 ].

Damages - Topic 2422

Torts affecting the person - Assault - Abuse or sexual assault - [See Damage Awards - Topic 627 ].

Cases Noticed:

Hill v. Stephen Motor & Aero Co., [1929] 3 D.L.R. 676; 2 W.W.R. 97 (Sask. C.A.), refd to. [para. 2].

S.Y. v. F.G.C., [1997] 1 W.W.R. 229; 78 B.C.A.C. 209; 128 W.A.C. 209 (C.A.), refd to. [para. 8].

S.H. v. R.G.L., [1994] 2 W.W.R. 276; 85 B.C.L.R.(2d) 232 (S.C.), refd to. [para. 8].

S.P. v. F.K., [1997] 3 W.W.R. 161; 150 Sask.R. 173 (Q.B.), refd to. [para. 8].

C.H. v. M.H., [2006] 7 W.W.R. 746; 264 Sask.R. 226; 2005 SKQB 193, refd to. [para. 8].

P. v. F. (1996), 24 B.C.L.R.(3d) 105 (S.C.), refd to. [para. 8].

A.E.T. v. S.R., [2007] B.C.T.C. Uned. I37; 2007 BCSC 104, refd to. [para. 8].

Demyen v. Sirounis (1990), 82 Sask.R. 1 (Q.B.), refd to. [para. 15].

Counsel:

Jay D. Watson, for the plaintiff;

No one appearing for the defendant.

This matter was heard before Scherman, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following judgment on April 4, 2014.

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2 practice notes
  • Britton v. Simon Estate, 2016 SKQB 30
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • January 25, 2016
    ...physical conduct, such as sexual assault, have also led to significant awards of punitive damages: $32,000.00 in M.(C.) v M.(L.) , 2014 SKQB 102, 443 Sask R 11; $25,000 in P.(V.) v Canada (Attorney General) and Starr , 1999 SKQB 180, 186 Sask R 161; $40,000.00 in Myers v Haroldson (1989), 7......
  • ABC v. XYZ, 2020 SKQB 190
    • Canada
    • Saskatchewan Court of Queen's Bench of Saskatchewan (Canada)
    • July 21, 2020
    ...Plaintiff’s counsel also cites Justice Scherman’s judgment in C.M. v L.M., 2014 SKQB 102, 443 Sask R 11. That case was also an application to assess damages in a claim for sexual assault which had been noted for default. At para. 2 Scherman J. [2]  The defendant was serve......
2 cases
  • Britton v. Simon Estate, 2016 SKQB 30
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • January 25, 2016
    ...physical conduct, such as sexual assault, have also led to significant awards of punitive damages: $32,000.00 in M.(C.) v M.(L.) , 2014 SKQB 102, 443 Sask R 11; $25,000 in P.(V.) v Canada (Attorney General) and Starr , 1999 SKQB 180, 186 Sask R 161; $40,000.00 in Myers v Haroldson (1989), 7......
  • ABC v. XYZ, 2020 SKQB 190
    • Canada
    • Saskatchewan Court of Queen's Bench of Saskatchewan (Canada)
    • July 21, 2020
    ...Plaintiff’s counsel also cites Justice Scherman’s judgment in C.M. v L.M., 2014 SKQB 102, 443 Sask R 11. That case was also an application to assess damages in a claim for sexual assault which had been noted for default. At para. 2 Scherman J. [2]  The defendant was serve......

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