Question
Source: http://canlii.ca/eliisa/highlight.do?text=tort+intrusion&language=en&searchTitle=Ontario+-+Court+of+Appeal+for+Ontario&path=/en/on/onca/doc/2012/2012onca32/2012onca32.html [87] In my view, damages for intrusion upon seclusion in cases where the plaintiff has suffered no pecuniary loss should be modest but
Source: http://canlii.ca/eliisa/highlight.do?text=tort+intrusion&language=en&searchTitle=Ontario+-+Court+of+Appeal+for+Ontario&path=/en/on/onca/doc/2012/2012onca32/2012onca32.html [87] In my view, damages for intrusion upon seclusion in cases where the plaintiff has suffered no pecuniary loss should be modest but sufficient to mark the wrong that has been done. I would fix the range at up to $20,000. |
Your client Mandy Dupris an officer with the Toronto Police Force. For two years, she dated another officer Sandy Cohen who worked in the same station but was not part of the same unit. She did not breach any policy by entering into this relationship because the officers did not work directly together. Mandy brought the relationship to an end and started dating a firefighter Terry Montgomery.
Sandy Cohen was unhappy that your client brought the relationship to an end. Sandy Cohen kept trying to win back your client Mandy Dupr. Your client noticed that frequently when she went to a restaurant with her new partner Terry Montgomery, Sandy would appear and make a scene. Your client often left without eating the food ordered, although your client would have to pay for all the meals. Even when your client changed restaurants, Sandy would somehow catch on to the new location and resume the offensive behavior. Sandy also ruined an expensive spa weekend by showing up at the same resort.
Eventually your client found a note in her locker suggesting that Sandy Cohen was making improper use of police resources to review the charges on your client's credit card and other electronic databases available to police to aid in criminal investigations. Your superior conducted an investigation and confirmed this information. Your client has kept track of the total cost of the ruined meals and spa weekend. The total is $18,000.00.Your client also spent $5,000.00 on a private therapist to deal with her situation.
- If your client Mandy wishes to claim an additional amount of $30,000.00 for pain and suffering, what advice would you offer?
- The limit for all damages is $35,000.00;
- The pecuniary losses total $23,000.00 ($18,000.00 + $5,000.00);
- The limit for the non-pecuniary loss is set generally at less than $20,000.00;
- All of the above.
- What role may Terry Montgomery play in the litigation?
- Plaintiff;
- Defendant;
- Referee;
- Witness.
- If Mandy is successful in her action against Sandy, then:
- Sandy will go to jail;
- Sandy will have a criminal record and a suspended sentence;
- Sandy will go to jail, have a criminal record, and pay damages to Mandy;
- Sandy will be ordered to pay damages and legal costs to Mandy.
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