A youth care worker brought a civil action against her employer and supervisor after being violently assaulted and sexually assaulted by a resident at a group home.
The defendants’ statement of defence was struck and they were noted in default, leaving a trial solely on damages.
The court permitted an amendment to increase the claimed damages because the defendants had notice and suffered no prejudice.
Applying principles governing non‑pecuniary damages for sexual assault and workplace negligence, the court awarded substantial general damages including aggravated damages, together with damages for past and future income loss supported by expert evidence.
The defendants were held jointly and severally liable for the total damages award.