A Roman Catholic priest's sexual abuse of an 11-year-old altar boy more than 50 years ago warranted an award of more than half a million dollars in compensation, Ontario's highest court ruled on Tuesday.
In reaching its decision, the Court of Appeal rejected arguments from the Toronto diocese that the victim's lawyer had inflamed the jury with closing comments.
According to agreed facts, Robert arranged to spend the night in a motel room in Cornwall, Ont., where the priest fondled the boy sexually and performed a sex act on him. The church, which spent years denying liability, admitted fault on the opening day of the jury trial before Superior Court Justice Gordon Lemon. As a result, the only issue at play was the amount of compensation.
The Appeal Court rejected the arguments, saying the judge's instructions to the jury -- including about the comments -- were fair, and that the damages award was reasonable and supported by the evidence. Benotto said she would have let the award stand as "symbolic condemnation" of the diocese's "uniquely egregious" conduct in only admitting liability after the trial started.
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