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ARTICLE · 17 AUGUST 2018

Court Of Appeal Summaries (August 7 – 10)

Blaney McMurtry LLP
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There was only one case released by the Ontario Court of Appeal this week, Zando v Ali. At issue was the assessment of damages in a case of sexual assault by a physician.

CanadaLitigation, Mediation & Arbitration
John Polyzogopoulos
John Polyzogopoulos
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Good afternoon.

There was only one case released by the Ontario Court of Appeal this week, Zando v Ali. At issue was the assessment of damages in a case of sexual assault by a physician. The appellant asserted that the trial judge had erred in establishing a range for damages for non-pecuniary damages, and erred in basing her award of punitive damages on the fact that the appellant had not been charged criminally.

The Court adopted the Nova Scotia Court of Appeal's framework for determining damages in a civil sexual battery or assault case in Nova Scotia (Attorney General) v B.M.G. per Comwell J.A. (as he then was), and found that the trial judge had correctly established the range of damages and assessed the damages within that range.

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