Jeffrey Preszler

The plaintiff, D.S., brought a motion for default judgment against the defendant, Louis Omer Quesnelle, for damages arising from intentional torts of assault, sexual assault, and sexual interference committed when the plaintiff was a child.

The defendant had been criminally convicted for these acts.

The court found the defendant liable, ruling that the criminal convictions constituted proof of the intentional torts and that no limitation period applied.

The court awarded the plaintiff $400,000 in general damages and $1,533,416 in economic damages for past and future loss of earning capacity, but declined to award punitive damages given the defendant's prior penitentiary sentence.

This was a costs endorsement following a venue transfer motion in a slip and fall action arising from an incident at a rental cabin near North Bay.

The plaintiff had unsuccessfully sought to transfer the action to Welland, while the defendants successfully obtained a transfer to North Bay.

Applying s. 131(1) of the Courts of Justice Act and Rule 57.01(1) of the Rules of Civil Procedure, the court held that costs should follow the event but reduced the defendants' requested amounts because the claims were excessive, involved duplication of preparation, and were disproportionate to the complexity of the matter.

The plaintiff was ordered to pay each defendant $1,200 inclusive of disbursements and HST.