D.S. v. Quesnelle, 2019 ONSC 3230

The plaintiff sought damages for historical physical and sexual abuse by his stepfather. As of the time of trial, the defendant had been criminally convicted of assault, sexual assault, and sexual interference, which the civil trial court relied on to establish liability for the intentional torts alleged by the plaintiff. The court accepted that the abuse caused the plaintiff to sustain psychological injuries. The court considered the applicability of the cap on non-pecuniary damages, and held that it does not apply to intentional torts. The court awarded the plaintiff non-pecuniary damages totaling $400,000 in addition to damages for economic loss.