The Ontario Court of Appeal has dismissed the two main components of a three-pronged appeal by the Basilian Fathers of Toronto concerning the awarding of $2.57 million in damages to a former St. Charles College student in the 1960s.
In its decision announced Friday, Justice Julie A. Thorburn, on behalf of the three-member court of appeal panel, did rule in favour of the Basilian Fathers on a third.
Critically, the ruling does not affect the $2.57 million awarded to former student Rod MacLeod.
William Hodgson Marshall sexually abused MacLeod more than 50 times while he was a student at St. Charles College from 1963-67, a school run by the Basilians.
Eventually, MacLeod sued Marshall, Basilian Fathers, the Sudbury Catholic District School Board, and the Roman Catholic Episcopal Corporation of the Diocese of Sault Ste. Marie, which he won.
The Basilians, however, appealed the amount of money they have to pay, arguing the jury instruction on how to assess damages for past income loss was wrong, the punitive damages award was excessive and that prejudgment interest should not have been awarded at the rate of five per cent. (more...)
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