Cap On Non-Pecuniary Damages Does Not Apply For Intentional Torts

In D.S. v. Quesnelle the Ontario Superior Court held that the cap on general damages of $100,000 set by the "trilogy" Supreme Court of Canada cases did not apply to intentional torts.

On August 14, 2019, the Ontario Superior Court of Justice released its reasons for decision in D.S. v. Quesnelle1, holding that the cap on general damages of $100,000 (since adjusted for inflation) set by the "trilogy" Supreme Court of Canada cases2 did not apply to intentional torts — in this case, assault, sexual assault and other misconduct of a sexual nature3.

The Decision

In this tragic case, the plaintiff sought damages for physical and sexual abuse suffered at the hands of his stepfather between the ages of five and ten. The conduct of the defendant towards the plaintiff was described by the court as "intentional, self-serving, violent, despicable, abusive and constituted a breach of trust of the very worst kind"4. As of the date of the motion, the defendant had already been convicted of assault, sexual assault and sexual interference, which the court relied on to establish liability for the intentional torts alleged by the plaintiff5. The defendant's actions were further found to have caused psychological injury, substance abuse problems and other interpersonal...