7,374
edits
Difference between revisions of "Civil Claims and Family Violence"
From Clicklaw Wikibooks
Civil Claims and Family Violence (view source)
Revision as of 23:00, 19 July 2019
, 23:00, 19 July 2019no edit summary
Nate Russell (talk | contribs) |
Nate Russell (talk | contribs) |
||
| Line 50: | Line 50: | ||
A ''limitation period'' is a deadline by which a claim must be made and a court action commenced. If there is an applicable limitation period for a claim, and if it has expired, you cannot make that claim anymore. For assaults involving people whose relationship is not personal or one of dependency, the limitation period is generally two years after the incident. | A ''limitation period'' is a deadline by which a claim must be made and a court action commenced. If there is an applicable limitation period for a claim, and if it has expired, you cannot make that claim anymore. For assaults involving people whose relationship is not personal or one of dependency, the limitation period is generally two years after the incident. | ||
Under | Under section 3(1) of the provincial ''[http://canlii.ca/t/8qx3 Limitation Act]'', there is no limitation period for a number of claims, including: | ||
* claims relating to sexual assault (for anyone), | * claims relating to sexual assault (for anyone), | ||
* claims relating to assault, battery or misconduct of a sexual nature while the claimant was a minor, | * claims relating to assault, battery or misconduct of a sexual nature while the claimant was a minor, | ||
| Line 62: | Line 62: | ||
* In ''[http://canlii.ca/t/fsxwh Bird v. Kohl]'', 2012 BCSC 1424, the serious shoulder fracture, concussion, lacerations, and scarring that resulted from repeated strikes with a shovel handle amounted to $75,000 for general damages, $15,000 for aggravated damages, $40,000 for lost wages, and $25,000 for lost earning capacity. | * In ''[http://canlii.ca/t/fsxwh Bird v. Kohl]'', 2012 BCSC 1424, the serious shoulder fracture, concussion, lacerations, and scarring that resulted from repeated strikes with a shovel handle amounted to $75,000 for general damages, $15,000 for aggravated damages, $40,000 for lost wages, and $25,000 for lost earning capacity. | ||
* In ''[http://canlii.ca/t/fwktw Constantini v. Constantini,]'' 2013 ONSC 1626, verbal abuse during the relationship and pre-meditated break-in and aggressive assault post-separation did not produce permanent disability, but it did result in post-traumatic stress disorder. $15,000 was awarded for general and aggravated damages. | * In ''[http://canlii.ca/t/fwktw Constantini v. Constantini,]'' 2013 ONSC 1626, verbal abuse during the relationship and pre-meditated break-in and aggressive assault post-separation did not produce permanent disability, but it did result in post-traumatic stress disorder. $15,000 was awarded for general and aggravated damages. | ||
* In ''[http://canlii.ca/t/fs8l9 D.G. v. R.M.]'', 2012 SKQB 296, a single instance of “horrific” sexual assault including striking, kicking, and biting. $35,000 was awarded for general damages. | * In ''[http://canlii.ca/t/fs8l9 D.G. v. R.M.]'', 2012 SKQB 296, the facts involved a single instance of “horrific” sexual assault including striking, kicking, and biting. $35,000 was awarded for general damages. | ||
* In ''[http://canlii.ca/t/1k2jm Gould v. Sandau]'' 2005 BCCA 190, the trial judge awarded $2,500 for an assault that broke a hand. | * In ''[http://canlii.ca/t/1k2jm Gould v. Sandau]'' 2005 BCCA 190, the trial judge awarded $2,500 for an assault that broke a hand. | ||
* In ''[http://canlii.ca/t/1f56v Megeval v. Megeval],'' 1997 CanLII 3721 (BCSC), assault causing permanent disability resulted in $45,000 for the injury, $66,000 for lost wages and retraining, $2,500 for medical care, and $5,000 in punitive damages. | * In ''[http://canlii.ca/t/1f56v Megeval v. Megeval],'' 1997 CanLII 3721 (BCSC), assault causing permanent disability resulted in $45,000 for the injury, $66,000 for lost wages and retraining, $2,500 for medical care, and $5,000 in punitive damages. | ||
