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.