June 7, 2021 – Damages In Abuse Cases

“In Costantini v. Costantini, 2013 ONSC 1626, Pazaratz J. did an extensive review of damages awards in Canadian domestic assault and battery cases. Where the victim suffered serious and permanent physical injuries, general damage awards ranged from approximately $66,000 to $170,000Megeval v. Megeval, [1997] B.C.J. No. 2454 (S.C.); Shaw v. Shaw, 2012 ONSC 590, 9 R.F.L. (7th) 359; Bird v. Kohl, 2012 BCSC 1424, 27 C.P.C. (7th) 157. I have adjusted the amount of the damages awarded in each case to reflect inflation.  In cases where domestic violence did not result in any permanent physical injury, as in this case, far lower damages have typically been awarded.  This includes cases where the victim has been battered repeatedly over a long period of time: S. (L.N.) v. K. (W.M.), 1999 ABQB 478, 246 A.R. 60; Wandich v. Viele (2002), 2002 CanLII 49549 (ON SC), 24 R.F.L. (5th) 427 (Ont. S.C.); Van Dusen v. Van Dusen, 2010 ONSC 220, [2010] O.J. No. 313.

In my view, abuse of a child by a parent over many years should attract more than modest damages, even in the absence of any serious physical injury.”

         Calin v. Calin, 2019 ONSC 3564 (CanLII) at 338-339