Abramovitz v. Lee[^1]

Ontario Reports

Ontario Superior Court of Justice

Corbett J.

June 13, 2018

142 O.R. (3d) 454 | 2018 ONSC 3684

Case Summary

Damages — Aggravated damages — Plaintiff applying for position at prestigious music conservatory in California — Conservatory e-mailing acceptance and offer of full scholarship to plaintiff — Defendant intercepting e-mail and declining offer in plaintiff's name — Defendant also posing as conservatory faculty member and sending rejection e-mail to plaintiff — Defendant liable to plaintiff in deceit — Plaintiff awarded aggravated damages in amount of $25,000. [page455]

Damages — General damages — Plaintiff applying for position at prestigious music conservatory in California — Conservatory e-mailing acceptance and offer of full scholarship to plaintiff — Defendant intercepting e-mail and declining offer in plaintiff's name — Defendant also posing as conservatory faculty member and sending rejection e-mail to plaintiff — Defendant liable to plaintiff in deceit — Plaintiff awarded general damages in amount of $300,000.

Damages — Punitive damages — Plaintiff applying for position at prestigious music conservatory in California — Conservatory e-mailing acceptance and offer of full scholarship to plaintiff — Defendant intercepting e-mail and declining offer in plaintiff's name — Defendant also posing as conservatory faculty member and sending rejection e-mail to plaintiff — Defendant liable to plaintiff in deceit — Plaintiff awarded punitive damages in amount of $25,000.

Torts — Deceit — Plaintiff applying for position at prestigious music conservatory in California — Conservatory e-mailing acceptance and offer of full scholarship to plaintiff — Defendant intercepting e-mail and declining offer in plaintiff's name — Defendant also posing as conservatory faculty member and sending rejection e-mail to plaintiff — Defendant liable to plaintiff in deceit.

The plaintiff, a promising clarinetist, applied for a place at a prestigious music conservatory in California, intending to complete the last two years of his bachelors degree there. Every student at the conservatory received a full scholarship. The conservatory e-mailed an acceptance to the plaintiff. The defendant, the plaintiff's girlfriend at the time, intercepted the e-mail, sent an e-mail in the plaintiff's name declining the offer, and composed and sent a rejection e-mail to the plaintiff purporting to be from a member of the faculty. She did those things so that the plaintiff would stay with her in Montreal. The plaintiff lost the two-year full scholarship offer, and completed his degree in Montreal. He sued the defendant for damages. The defendant did not file a notice of intent to defend or a statement of defence and was noted in default. The plaintiff moved for summary judgment.

Held, the motion should be granted.

The defendant was liable to the plaintiff in deceit. The plaintiff lost a unique and prestigious educational opportunity that would have advanced his career as a professional clarinetist. He was awarded general damages in the amount of $300,000, aggravated damages of $25,000 and punitive damages of $25,000.

Cases referred to

Berry v. Pulley, [2015] O.J. No. 3298, 2015 ONCA 449, 335 O.A.C. 176, [2015] CLLC Â220-052, 255