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.