Another Case Awarding Damages for Intentional Inflection of Emotional Distress in Family Law

Sethi v. Sethi, 2025 ONSC 5079 (CanLII), <https://canlii.ca/t/kf8n8>

In a recent case for an uncontested trial, the judge in the superior court, with some reluctance, took a practical and principled approach to consider an award of damages. The judge indicated that great care normally must be taken in drafting such a claim, but the facts pleaded within the application spoke to specific incidents and an overall pattern of emotional, physical and financial harm caused to the Applicant and her children.

The applicant also provided a lengthy affidavit which was adopted as part of her oral evidence at trial. This affidavit had been served on her ex, detailing the harm caused to her and its intentionality.

The judge noted that the amount of damage as claimed was stated with precision and that the claim was on notice and was served twice. Her ex, the respondent did not make any response while knowing the nature of the claims and the potential consequences.

The applicant provided evidence of three decades of emotional and physical abuse, including sexual assaults that occurred just after the surgical procedure, which caused long-term damage to her health. She described physical attacks of being struck and being pushed.

She also described her mother-in-law, having been beaten by own son, her ex, including bruising that she saw on her mother-in-law’s body.

The applicant talked about calling the police, but was living in fear because her threatened to kill her if she did so. 

Her testimony was supported by her son who spoke about the father‘s violent and unprovoked and mercurial temper.

Considering all of the above points, the judge analysed the issue of general or non-pecuniary damages. She indicated that an award for damages is meant to denounce grievous or dangerous behaviour, compensate victims for having suffered from such behaviour. 

The judge also analysed pecuniary damages to compensate for income, loss or expenses occurred. She talked about aggravating or punitive damages for mental distress or injured feelings. These are also known as exemplary damages to sanction or punish a defendant in the absence of criminal charges.

She found fault with the applicant, however, because she did not lead any evidence related to pecuniary loss, except saying that the mortgage had fallen into arrears. The Judge also indicated that for general damages, the applicant simply asked for $100,000 and damages without again quantifying or describing the range of available damages or their calculations.

But, based on the compelling evidence of the applicant and her son, the judge was convinced that emotional harm was intentional and significant and long-standing. As a result, she awarded the applicant $100,000 in total, although the Court could have awarded much more had there been further detailing of the trauma and distress involved.

Analysis:

This is yet another recent case related to damages and tortious liability evolving from trauma cost in a relationship. The weakness once again, as pointed out by the court was a lack of particulars and details that could have resulted in a higher degree of damages. But to a great extent, as the judge pointed out, the pleadings were pointed and detailed which helped in the award that was ordered.

At Shankar Law, we will be sure to undertake the analyses and to provide the details required to quantify the various types of damages in their specificity to obtain the highest possible type of award for as a client.

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