MLJ Volume 36-1.pdf - Robson Hall Faculty of Law

300 MANITOBA LAW JOURNAL|VOLUME 36 ISSUE 1
1. AJ v WD 57
In WD, the plaintiff, AJ, alleged gruesome sexual and physical abuse
by the defendant, WD, her stepfather, beginning when she was eleven or
twelve years old. She filed her statement of claim in March of 1992—one
year prior to the laying of criminal charges—and sought general and
punitive damages. WD was criminally charged with rape, unlawful
intercourse and gross indecency in March of 1993. The charges of rape
and unlawful intercourse were dismissed. WD was convicted of one count
of gross indecency in October of 1995 and sentenced to six months’
imprisonment. The civil case was not decided until April of 1999.
WD was convicted in the criminal trial only of gross indecency for an
act of fellatio, but in the civil case AJ was able to prove substantially more:
a pattern of physical and sexual assaults over several years, including many
incidents of forced sexual intercourse. 58 The trial judge awarded AJ over
$100,000 in compensatory damages, but refused to consider punitive
damages for these brief reasons: “While I recognize that there is authority
for the awarding of punitive damages notwithstanding a criminal
conviction and sentence, I am of the view that the authorities suggest that
the awarding of exemplary and punitive damages in addition to a criminal
sentence is the exception.” 59
2. McIntyre v Grigg 60
In this case, Grigg hit McIntyre with his car while driving impaired in
September of 1996. He caused her serious and permanent physical and
psychological damage. Grigg was criminally charged with driving with a
blood alcohol content over .80, impaired driving causing bodily harm and
operating a motor vehicle in a manner dangerous to the public causing
bodily harm. At the criminal trial, the breathalyser evidence was excluded
under section 24(2) of the Charter as the police had not properly informed
Grigg of his right to counsel. Grigg was convicted of the provincial
Highway Traffic Act offence of careless driving and fined $500.
In the civil trial, a jury awarded McIntyre $250,000 in general
damages, $100,000 in aggravated damages and $100,000 in punitive
57
AJ v WD, 1999 CanLII 14143 (Man QB) [WD].
58
Ibid at paras 101-104.
59
Ibid at para 196.
60
Supra note 30.