Lexis Nexis Civil Liability for Sexual Abuse and Violence in Canada
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Product description
Civil liability for sexual abuse/sexual violence is a rapidly evolving area of law. More and more survivors are seeking not just criminal but civil redress for the abuses they've suffered - redress that has included compensation for loss of income, pain and suffering and treatment costs.
Assessing liability and framing the appropriate cause of action can be as complicated as it is crucial in civil sexual abuse cases. This book unravels these complexities. Organized into 6 parts, it covers: theories of liability, defences to liability, causation and remedies, pre-trial issues, evidentiary issues and collateral issues including insurance coverage.
Among the specific topics addressed:
- Vicarious liability
- Breach of fiduciary duty
- Liability under the charter and statute
- Opinion and recovered memory evidence
- Similar fact evidence
- Interrelationship between criminal and civil proceedings
- Insurance coverage
Also includes a Table of Damages that includes numerous sexual abuse and sexual violence cases which outline the harm done, the damages awarded for each case and isolates the critical factors which informed the damage assessments.
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Table of contents
Preface and Acknowledgements
Foreword
Table of Cases
PART A: THEORIES OF LIABILITY
Chapter 1: Intention-Based Common Law Causes of Action
Chapter 2: Non-Intention-Based Common Law Causes of Action
Chapter 3: Vicarious Liability
Chapter 4: Liability in Equity
Chapter 5: Liability Under the Charter and Statute
PART B: DEFENCES TO LIABILITY
Chapter 6: Technical-Legal Defenses
Chapter 7: Defenses on the Merits
Chapter 8: Defence Counter-Strategies
PART C: CAUSATION AND REMEDIES
Chapter 9: Proof of Causation
Chapter 10: Remedies: Compensating for Loss and Punishing for Wrongdoing
PART D: PRE-TRIAL ISSUES
Chapter 11: Pre-trial Issues
PART E: EVIDENTIARY ISSUES
Chapter 12: Opinion and Recovered Memory Evidence
Chapter 13: Similar Fact Evidence
PART F: COLLATERAL ISSUES
Chapter 14: Insurance Coverage
Chapter 15: The Interrelationship Between Criminal and Civil Proceedings
Appendix 1: Damages Table
Index
