Understanding Damages in Civil Sexual Assault Cases: A Legal Overview

In recent years, Canadian courts have demonstrated a clear shift toward a more trauma-informed, survivor-centred approach to awarding damages in civil sexual assault cases. This legal evolution reflects a growing understanding of the psychological and emotional toll of sexual violence - and a commitment to ensuring that survivors are seen, heard, and justly compensated.

This blog outlines how damages are awarded, what categories are considered, and how the courts are moving toward more empathetic and individualized judgments.

What Are Damages in Civil Sexual Assault Cases?

In civil lawsuits, damages refer to the financial compensation awarded to a survivor for the harm they have experienced. This harm may be emotional, psychological, physical, or financial in nature. In cases of sexual assault, damages serve not only to recognize suffering but also to acknowledge systemic failures, abuse of power, and to act as a future deterent.

The categories of damages commonly awarded include:

• Non-pecuniary damages: Compensation for pain, suffering, emotional distress, and the enduring psychological impact of the abuse.
• Pecuniary damages: Covers tangible costs such as therapy expenses, lost income, lost future earning capacity, loss of opportunity, and cost of future care.
• Loss of interdependency: Compensation for the breakdown of supportive relationships or caregiving potential.
• Aggravated and punitive damages: In cases of particularly egregious behaviour or power abuse, these are awarded to reflect heightened harm or to deter future misconduct.

The Question of Limits: Is There a Cap?

Recent legal decisions in British Columbia and Ontario have confirmed that there is no cap on damages in civil sexual assault cases.However, awards typically range up to no more than $500,000.

This reflects an evolving understanding that each survivor's experience is unique, and the consequences of trauma cannot be neatly contained by a financial threshold.

The Courts Are Focusing on Impact, Not Just Incident

A key trend across recent rulings is a move away from evaluating cases based on the duration or frequency of abuse, and toward an emphasis on the impact on the survivor. Whether the incident happened once or over a prolonged period, what matters most is how deeply it has affected the survivor’s mental health, relationships, and quality of life.

Non-Pecuniary Case Examples:

• A.B. v. Henry, 2025 BCSC 137. Five adult woman sexually assaulted by a stranger on single occasions. All five plaintiffs awarded $375,000

• Lapointe v. Labelle, 2023 ONSC 470. 13-year-old girl sexually abused by her foster parents. She had been previously sexually abused by different foster parents. Award: $225,000

• C.L.H. v. K.A.G., 2022 BCSC 994. Young girl sexually assaulted by her older brother for a number of years. Award: $200,000

• M.B. v. Deluxe Windows, 2012 ONCA 135. Adult woman sexually assaulted by her work supervisor on 4 occasions.

  Award: $436,000 (including punitive damages)

• K.M.M. v. Roman Catholic Episcopal Corp., 2011 ONSC 2143. Abuse by a Religious Leader between ages of 7-10. Award: $260,000

• K.M.M. v. Roman Catholic Episcopal Corp., 2011 ONSC 2143. Student Assaulted by a Teacher. Award: $307,000

Common Themes in Trauma-Informed Judgments

Across these rulings, several key themes emerge that reinforce a more trauma-informed, survivor-focused approach:

• Impact over frequency: Courts focus on the survivor’s lived experience, not the number of incidents.
  
  
• Credibility without breakdowns: Survivors aren’t expected to cry or display distress to be believed. Calm, consistent testimony is valid and increasingly recognized as such.
  
  
• No limitation periods: In provinces like B.C. and Ontario, survivors can bring forward historical claims regardless of how much time has passed.
  
  
• Fiduciary responsibility matters: Teachers, clergy, employers, and law enforcement are held to a higher standard. When power is abused, damages are often more substantial.

A Justice System Evolving Toward Healing

The removal of limitation periods and the shift away from rigid damage caps show a legal system that is evolving. Courts are recognizing the long-term effects of trauma and adapting their practices to reflect this reality. These developments are not just procedural, they are deeply meaningful. They signal a broader cultural shift toward justice that heals.

How MindSense Supports Legal Teams and Survivors

At MindSense, we specialize in trauma-informed medical assessments that support civil legal proceedings involving survivors of sexual assault. Our work helps courts and legal professionals understand the nuanced and lasting effects of trauma, ensuring that survivors' voices are fully represented in the pursuit of fair and just outcomes.

If you’re a legal professional seeking expert support, or a survivor navigating the complexities of a civil claim, we’re here to help.

Contact us to learn more about how we can assist with trauma-informed medical assessments in your case.