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ARTICLE · 26 SEPTEMBER 2018

Damages For Sexual Assault

The law related to clams for a sexual assault is not nearly as developed.

CanadaLitigation, Mediation & Arbitration

The law related to civil damages in claims for long term sexual abuse has developed significantly over the past number of decades. Courts now recognize the potential devastation that can be caused by exposure to long term sexual abuse, notably in young children.

The law related to clams for a sexual assault is not nearly as developed. However, victims of sexual assault are now more readily bringing claims for damages in our civil courts.

In this context, the Ontario Court of Appeal, in Zando v. Ali (2018 ONCA 680), recently looked at how courts can assess non-pecuniary damages in sexual assault cases.

Trial Decision

Iram Zando brought a civil claim for damages against Syed Ali based on her allegation that he had sexually assaulted her at her home on June 22, 1999. At the time of the assault, both parties were physicians, friends and colleagues at the Sarnia General Hospital.

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