The respondent was sexually assaulted by a prison official while incarcerated.
After his release, he developed a heroin addiction and spent 12 of the next 15 years in prison.
He successfully sued the province for damages, including past and future wage loss.
The Supreme Court of Canada held that the respondent was not entitled to compensation for wage loss during his periods of incarceration.
Applying the ex turpi causa doctrine, the Court found that awarding damages for time spent in prison would create an inconsistency between criminal and civil law, effectively providing a rebate on a lawfully imposed criminal sanction.
The appeal was allowed to exclude wage loss during incarceration, and the cross-appeal regarding the reduction of future wage loss was dismissed.
