In an uncontested family law trial, the applicant sought a divorce, equalization payment, and damages of $100,000 for intentional infliction of emotional distress arising from three decades of abuse during the marriage.
The respondent failed to participate throughout the proceedings.
The court awarded the full damages claim of $100,000, finding that the tort of intentional infliction of emotional distress was established on the evidence of systematic emotional, physical, and sexual abuse.
The court severed the divorce claim for separate motion and dismissed the equalization claim as it had been withdrawn at trial.
No costs were awarded despite the applicant's success, due to inadequate pleading, insufficient legal submissions on damages, and an improperly prepared bill of costs.
