#MeToo – The Assessment of Damages in Sexual Assault Cases

Nick P. Poon, B.Sc. (Hons.), B.A., J.D.Appeals, Appellate Advocacy, Negligence, Sexual Assault, Sexual Harassment0 Comments

The Ontario Court of Appeal recently released the decision in Zando v. Ali, 2018 ONCA 680, which involved an appeal of an assessment of damages in a sexual assault case.  This case confirms the principles to be used in determining damages in civil sexual assault cases and is particularly relevant in the current climate of the #MeToo movement. In this case, the parties were physicians and colleagues at the Sarnia General Hospital.  They had initially met after their residency examination in Toronto and became friends.  They were both married and had immigrated from Pakistan.  After completing their respective training elsewhere, they both ended up practicing medicine at the Sarnia General Hospital. The respondent alleged that the appellant sexually assaulted her on June 22, 1999 at her house.  The appellant had attended her house to complete an insurance medical form.  After completing the insurance form, the respondent alleged that the appellant took his clothes off, tripped her to the floor and sexually assaulted her. The trial … Read More