This is the third and last article in this series which focuses on
compensation for victims of sexual abuse.
In cases of sexual abuse, there are three main types of compensation or
“damages” that are commonly: general damages, economic damages, and special
damages. This article will focus on special
damages. Previous articles covering
general and economic damages can be found here and here.
Special damages are awarded to
compensate the plaintiff for out-of-pocket expenses that have been incurred in
the past, or are likely to be incurred in the future. When proving special damages for treatment
related expenses, the standard is one of “reasonableness”. The reasonableness standard is not measured
by its effectiveness, but the circumstances to incur it.[1] Those expenses must be directly incurred as a
result of the injury for which the proceeding has been brought. While expert evidence of the treatment being
a reasonable expense is not necessary, it can be helpful, especially when
seeking compensation for novel treatment expenses. It is also helpful to have evidence to
establish the costs incurred or proof of the anticipated future costs.
In cases involving sexual assault
or abuse, these expenses typically include expenses for essential treatment,
such as counselling, medication, and in-patient treatment for addictions and/or
trauma. As we learn more about the effects of trauma and the benefit of related
treatment, awards for special damages have become more varied. For example, survivor’s have been compensated
for the cost of dental work required from years of clenching and grinding
teeth.[2] Awards have also been given for
psycho-vocational assessments, vocational counselling, and other professional
services to assist survivors in re-entering the workforce.[3]
Still, more work needs to be done
to expand the range of treatment for which survivors can be compensated. There are various forms of treatment and
rehabilitation for those who have suffered psychological injuries that can help
manage trauma, promote emotional well-being, and restore a sense of
safety. Some examples include yoga, tai
chi, mindfulness and mediation, art therapy, equine-assisted therapy,
acupuncture, and massage.
As society continues to recognize the wide-ranging impact of trauma, the scope of compensable expenses for survivors will hopefully continue to expand, promoting recovery and justice for those affected. If you have questions about this article, or bringing a lawsuit for sexual abuse more generally, please feel to reach out to me at chishon@beckettinjurylawyers.com.
[1] Bridle v. Pearce, 1986 CarswellNfld 173, [1986] N.J. No. 189 at para 39 https://nextcanada.westlaw.com/Document/I10b717cb1....
[2] C.O.
v. Williamson, 2020 ONSC 3874 (CanLII), at paras 224 to 229, https://canlii.ca/t/j8vtm#par224
[“Williamson”].
[3] S.L. v Prince, 2015 ONSC 7450 at paras 48 and 49, https://canlii.ca/t/gmp40#par48; See also Williamson at paras 230 to 237, https://canlii.ca/t/j8vtm#par230.
Published on October 29, 2024
