Robert P.M. Talach

This costs endorsement followed a three-week jury trial where the plaintiff was awarded $2,570,181 for general, aggravated, economic, special, and punitive damages arising from historical sexual assault.

The court addressed the plaintiff's entitlement to substantial indemnity costs under the Victims' Bill of Rights and the calculation of prejudgment interest.

The court found the plaintiff was entitled to substantial indemnity costs throughout the proceedings, rejecting the defendants' argument for partial indemnity prior to the offer date.

While the court reduced the quantum of legal fees claimed due to perceived duplication and 'heavy-handed' process, it upheld the principle of substantial indemnity.

The court also determined that the default prejudgment interest rate of 5% applied to non-pecuniary damages, rejecting the defendants' argument for a lower rate based on the Insurance Act, as the case did not involve a motor vehicle accident.

The plaintiff brought a motion for judgment against his uncle, the defendant, for damages arising from sexual abuse that occurred in 1975 when the plaintiff was 12 years old.

The defendant initially defended the action but later withdrew his statement of defence and was noted in default.

The court found the defendant liable for sexual abuse, assault, battery, and negligence, and concluded that the abuse caused the plaintiff's severe psychological trauma and loss of earning capacity.

The court awarded the plaintiff $95,000 in general and aggravated damages, $85,000 for loss of earning capacity, $10,250 for future care costs, and $30,000 in punitive damages, along with substantial indemnity costs.