May 10 – Punitive Damages For Sexual Abuse

“Punitive damages are a censure by society for harsh, reprehensible and malicious conduct.  Their purpose is punishment and deterrence:  Ribeiro v. Canadian Imperial Bank of Commerce (1992), 13 O.R. (2d) 278 (Ont. C.A.), leave to appeal to S.C.C. refused [1993] 2 S.C.R. x.  Where tortious acts have already been sanctioned by the imposition of a criminal sentence, it is inappropriate to award punitive damages in a civil lawsuit.  To do so is to punish twice for the same offence:  Rioux v. Smith (1983), 1983 CanLII 544 (BC CA), 48 B.C.L.R. 126 (C.A.).  Where, however, the civil proceedings establish that the sexual abuse was of longer duration than the criminal conduct framed within the indictment, the sentence does not fully sanction the tortfeasor’s behaviour.  In such instances, punitive damages may be awarded:  B.(A.) v. J.(I.),1991 CanLII 5865 (AB QB), [1991] 5 W.W.R. 748 at 756; B.(P.) v. B. (W.) (1992), 1992 CanLII 7666 (ON SC), 11 O.R. (3d) 161 at 169 (Gen. Div.).”

Fleury v. Fleury, 2001 CanLII 294 (ON CA) at 11