K.L.B. v. K.E.B., (1991) 71 Man.R.(2d) 265 (QB)

• Judge: De Graves, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: March 25, 1991
• Jurisdiction: Manitoba
• Citations: (1991), 71 Man.R.(2d) 265 (QB)

K.L.B. v. K.E.B. (1991), 71 Man.R.(2d) 265 (QB)

MLB headnote and full text

K.L.B. (plaintiff) v. K.E.B. (defendant)

(Suit No. CI 87-01-24465)

Indexed As: K.L.B. v. K.E.B.

Manitoba Court of Queen's Bench

Winnipeg Centre

De Graves, J.

March 25, 1991.

Summary:

The plaintiff daughter sued her father for damages for sexual assault. Summary judgment was entered against the father by order of a Master.

The Manitoba Court of Queen's Bench assessed the daughter's damages accordingly.

Damage Awards - Topic 457

Special damage awards - Cost of therapy - A 23 year old woman sued her father for damages for prolonged sexual abuse - The abuse was almost continual from age six to 15, leaving her severely traumatized - The Manitoba Court of Queen's Bench allowed her claim for the costs of and incidental to continuing therapy - The court awarded $20,000 inclusive of interest, assuming this amount properly invested would be adequate to cover these costs for a period of five years for one hour weekly sessions at $100 per hour - See paragraph 26.

Damage Awards - Topic 627

Torts - Injury to the person - Sexual assault - A 23 year old woman sued her father for damages for prolonged sexual abuse - The abuse occurred from age six to 15 and consisted of digital penetration, oral sex, masturbation, bestiality and frequent sexual intercourse - She was one of the worst cases of a sexually-damaged person ever encountered; would need continued psychotherapy; her sexual orientation was homosexual because of her lack of trust in men; lacked self-esteem; anti-social; felt shame and guilt - The Manitoba Court of Queen's Bench awarded $150,000 general damages for nonpecuniary loss: $100,000 for psychological trauma and $50,000 for aggravated damages.

Damage Awards - Topic 2408

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

Damages - Topic 536

Limits of compensatory damages - Remoteness - Torts - Nonrecoverable damages - Indirect consequences of fault - A 23 year old woman sued her father for damages for prolonged sexual abuse - The abuse was almost continual from age six to 15, leaving her severely traumatized - The Manitoba Court of Queen's Bench denied the woman's claim for loss arising from a delay or failure to realize on her ambitions to be a clinical psychologist, English professor or social worker - The court held that a claim for lost income, present and future, was too remote - See paragraphs 27 to 28.

Damages - Topic 904

Aggravation - Aggravated damages defined - The Manitoba Court of Queen's Bench held that aggravated damages given for intangible injuries arising from distress, insult or humiliation were in the nature of nonpecuniary damages - See paragraph 29.

Damages - Topic 1302.1

Exemplary or punitive damages - Sexual assault - A 23 year old woman sued her father for damages for prolonged sexual abuse - The abuse occurred from age six to 15 and consisted of digital penetration, oral sex, masturbation, bestiality and frequent sexual intercourse - She was one of the worst cases of a sexually-damaged person ever encountered; would need continued psychotherapy; her sexual orientation was homosexual because of her lack of trust in men; lacked self-esteem; anti-social; felt shame and guilt - The Manitoba Court of Queen's Bench held that this was not an appropriate case for an award of exemplary damages - The court noted that the father served three years' imprisonment for incest - See paragraphs 32 to 33.

Damages - Topic 1459

Special damages - Cost of sexual counselling - [See Damage Awards - Topic 457].

Damages - Topic 1532

General damages - Elements of - Mental distress or emotional upset - [See Damages - Topic 904].

Cases Noticed:

Andrews v. Grand & Toy Alberta Ltd., [1978] 2 S.C.R. 229; [1978] 1 W.W.R. 557; 19 N.R. 50; 8 A.R. 182; 83 D.L.R.(3d) 452; 3 C.C.L.T. 225, refd to. [para. 18].

Thornton v. Board of School Trustees of School District No. 57 (Prince George), [1978] 2 S.C.R. 267; [1978] 1 W.W.R. 607; 19 N.R. 552; 83 D.L.R.(3d) 480; 3 C.C.L.T. 257, refd to. [para. 18].

Teno et al. v. Arnold et al., [1978] 2 S.C.R. 287; 19 N.R. 1; 83 D.L.R.(3d) 609; 3 C.C.L.T. 372, refd to. [para. 18].

Lindal v. Lindal, [1981] 2 S.C.R. 629; [1982] 1 W.W.R. 433; 39 N.R. 361; 129 D.L.R.(3d) 263, refd to. [para. 30].

Lee v. Leeming (1985), 58 A.R. 204 (Q.B.), refd to. [para. 30].

Watkins v. Olafson, Aitkenhead, Manitoba and Manitoba Public Insurance Corporation (1986), 40 Man.R.(2d) 286 (Q.B.); [1987] 5 W.W.R. 193; 40 C.C.L.T. 229; 48 Man.R.(2d) 81 (C.A.); [1989] 6 W.W.R. 481; 100 N.R. 161; 61 Man.R.(2d) 81 (S.C.C.), refd to. [para. 30].

Smithson et al. v. Saskem Chem. Ltd. (1986), 43 Sask.R. 1; 34 C.C.L.T. 195 (Q.B.), refd to. [para. 30].

Authors and Works Noticed:

Cooper-Stephenson and Saunders, Personal Injury Damages in Canada (1981), pp. 63, 64 [para. 32].

Waddams, S.M., The Law of Damages (1983), p. 379 [para. 22].

Counsel:

Jeffrey F. Harris, for the plaintiff;

K.E.B. was not present and was unrepresented.

This action was heard before De Graves, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, whose decision was delivered on March 25, 1991.