M. (F.W.) v. Mombourquette

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                    M. (F.W.) v. Mombourquette 

                      58 A.C.W.S. (3d) 1095

                           095/320/010

                     File No. S.H. No. 85190

 

                    Nova Scotia Supreme Court

                          Goodfellow J.

                        November 2, 1995

 

DAMAGES ‑‑ Personal injuries ‑‑ Non‑pecuniary loss ‑‑ Quantum

‑‑ Sexual abuse ‑‑ Plaintiff was affected, as adult, by sexual

abuse by priest when he was aged 12, but had strong character and

good support enabling significant recovery ‑‑ General damages of

$23,000 were awarded and punitive damages were refused.

 

LIMITATIONS ‑‑ Tort ‑‑ Sexual abuse ‑‑ Plaintiff was sexually

assaulted by priest for several years from age 12, in 1969

‑‑ Plaintiff failed to realize nature of acts until contacted by

police in 1990 ‑‑ Action was not barred ‑‑ Discoverability rule

applied.

 

TORTS ‑‑ Negligence ‑‑ Vicarious liability ‑‑ Employers ‑‑ Sexual

abuse ‑‑ Priest sexually abused altar boy ‑‑ Bishop and diocese

were vicariously liable.

 

Plaintiff was sexually abused, from age of 12 when he was altar

boy working with defendant priest ‑‑ Plaintiff failed to report

abuse, and repressed effects until he was adult, aged 33, and was

contacted by police officer investigating other complaints

against priest ‑‑ Diocesan authority acted on complaints, and

priest pleaded guilty to criminal charges and underwent treatment

‑‑ Plaintiff claimed damages against priest and diocese,

including claim for punitive damages ‑‑ Plaintiff had married,

had strong character and good support in recovery ‑‑ HELD:

Limitation did not bar action, in that discoverability rule

applied and plaintiff was not conscious of nature of acts until

1990 ‑‑ Diocesan authority was vicariously liable for acts and

was in breach of fiduciary duty, where acts were breach of trust

in situation where perpetrator had strong influence over victim

‑‑ General damages of $23,000 were awarded ‑‑ Punitive damages

were refused as not justified.

 

 

 CLB Publication Date:  PD951221

 

CLB Reference Number:  CLB095320010

 

End of document.

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