Difference between revisions of "Family Violence"

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Family Violence (view source)

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The amount of the damages that a court may award for tort claims based on family violence always depends on the circumstances. It is important to get legal advice to decide whether or not making such a claim is economically worthwhile in your particular circumstances. The range of outcomes is very wide and many factors go into a judge’s assessment of the appropriate award but here are some awards that the courts have made for assault and battery in a family context:
The amount of the damages that a court may award for tort claims based on family violence always depends on the circumstances. It is important to get legal advice to decide whether or not making such a claim is economically worthwhile in your particular circumstances. The range of outcomes is very wide and many factors go into a judge’s assessment of the appropriate award but here are some awards that the courts have made for assault and battery in a family context:


* A.M. v. S.O. (2014) physical assault – open-handed blow to side of head; $20,000 for general damages.
* In ''[http://canlii.ca/t/g2h5c A.M. v. S.O.], 2014 BCSC 4 physical assault in the form of an open-handed blow to side of head resulted in $20,000 for general damages.
* ''[http://canlii.ca/t/fsxwh Bird v. Kohl]'', 2012 BCSC 1424; serious shoulder fracture, concussion, lacerations and scarring resulting from repeated strikes with a shovel handle; $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;
* ''[http://canlii.ca/t/fwktw Constantini v. Constantini,]'' 2013 ONSC 1626; verbal abuse during relationship, pre-meditated break-in and aggressive assault post-separation; no permanent disability but post-traumatic stress disorder; $15,000 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.
* ''[http://canlii.ca/t/fs8l9 D.G. v. R.M.]'', 2012 SKQB 296; one instance of “horrific” sexual assault including striking, kicking and biting; $35,000 for general 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.
* ''[http://canlii.ca/t/1k2jm Gould v. Sandau]'' 2005 BCCA 190, Trial judge awarded $2,500 for assault causing broken bone in 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.
* ''[http://canlii.ca/t/1f56v Megeval v. Megeval],'' 1997 CanLII 3721 (BCSC): Assault causing permanent disability, $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.
* ''N.C. v. W.R.B.'' [1999] O.J. No. 3633 (Ont. S.C.J.); multiple instances of sexual, physical verbal and emotional abuse resulting in post-traumatic stress disorder; $65,000 for general damages, $25,000 for aggravated damages;
* In ''N.C. v. W.R.B.'' [1999] O.J. No. 3633 (Ont. S.C.J.) multiple instances of sexual, physical verbal and emotional abuse that caused post-traumatic stress disorder was awarded $65,000 for general damages and $25,000 for aggravated damages.
* [http://canlii.ca/t/fps0x ''Shaw v. Brunelle'',] 2012 ONSC 590; Serious fracture to wrist resulting from physical ejection from the home; $65,000 for general and aggravated damages, $25,000 for lost earning capacity and an unspecified amount for cost of future care.
* In ''[http://canlii.ca/t/fps0x Shaw v. Brunelle]'', 2012 ONSC 590 a serious wrist fracture resulting from physical ejection from the home resulted in $65,000 for general and aggravated damages, $25,000 for lost earning capacity, and an unspecified amount for cost of future care.


These cases have been included only to give readers of this website a general idea of how the courts have treated tort claims based on family violence in the past. You should not rely on these cases to fix a dollar amount to your claim -- seek legal advice from a lawyer with experience in this area.
These cases have been included only to give readers of this website a general idea of how the courts have treated tort claims based on family violence in the past. You should not rely on these cases to fix a dollar amount to your claim -- seek legal advice from a lawyer with experience in this area.
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