Nunavut businessman ordered to pay more than $1M for historical sexual assaults
A prominent Nunavut businessman has been found liable in civil court for multiple historical sexual assaults, and ordered to pay more than $1 million to the plaintiffs.
In a written decision released on Wednesday, Justice Earl Johnson found in favour of the four plaintiffs.
Three women, including two of the man's nieces and his adopted younger sister, as well as a man, sued the businessman for damages for the effect the abuse had on their lives. In one case, the alleged abuse dated back to the 1960s and went on for years. The plaintiffs testified that it began when they were children or teenagers — one was as young as three or four years old.
The four plaintiffs were awarded between $225,000 and $370,000 each in damages.
The plaintiffs' identities are protected by a publication ban. CBC is not naming the defendant, in order to protect the identities of the plaintiffs.
One of the plaintiffs had previously taken the defendant to criminal court in 2008, where he pleaded guilty to having sex with someone younger than 14 — an old charge since updated in Canada's Criminal Code.
He was given no jail time and received a suspended sentence and 12 months probation.
The defendant was acquitted in a criminal case involving another plaintiff, and charges were stayed in the criminal case involving the third plaintiff.
Psychological injuries
Justice Johnson awarded three of the plaintiffs $250,000 in general damages and one plaintiff $150,000.
General damages consider the age and vulnerability of the plaintiffs at the time of the sexual assaults, the severity of the assaults and the consequences for the victim, including psychological injuries.
Doctors testified that the plaintiffs suffered from post-traumatic stress disorder, major depression and had addictions to alcohol and drugs as a result of the abuse.
"All the sexual activity among the defendant and the plaintiffs was without actual consent," the judge's decision reads.
In addition to the general damages, three of the plaintiffs were awarded $50,000 in punitive damages because the judge found the defendant abused his position of trust and he said that behaviour has to be deterred.
"He was in a position of trust and abused that position repeatedly over a number of years with the three plaintiffs. Although the defendant was not solely responsible for the damage they suffered, he and others must be deterred from this type of egregious conduct that unfortunately is all too common in this territory," Johnson said.
As he deemed the abuse affected the plaintiffs' ability to work, Johnson also awarded special damages to make up for lost income. Depending on the plaintiff, that amount varied from $25,000 to $70,000.
