The appellant sued the federal government for sexual battery committed by an employee at a student residence 20 years earlier.
The trial judge awarded pecuniary and non-pecuniary damages, finding the abuse caused the appellant's alcoholism and subsequent loss of earnings.
The Saskatchewan Court of Appeal set aside the pecuniary damages, applying a 'rehearing' standard of review to substitute its own view of the facts.
The Supreme Court of Canada allowed the appeal in part, holding that the standard of review for findings of fact in Saskatchewan is 'palpable and overriding error', consistent with the rest of Canada.
The Court restored the past loss of earnings award but ordered it reduced for time spent in prison and social assistance received, and upheld the dismissal of the future loss of earnings award.
