British Columbia Court of Appeal Upholds Emotional Damages Claim in Sexual Abuse Case

Bevan appealed, arguing that her pleadings adequately addressed both torts. She argued that Husak had intentionally misrepresented himself as a responsible adult in order to facilitate Katelin’s sexual exploitation. Bevan also alleged that Husak’s misrepresentations and negligence had caused her significant emotional and psychological harm, leading to anxiety, depression, and insomnia.

On the other hand, Husak maintained that the lower court was correct in its finding. However, he conceded that the judge had erred in suggesting that a “commercial element” was required in fraudulent misrepresentation claims. Despite this error, Husak argued that the claim lacked the necessary monetary element and sufficient proof of causality between the alleged damages and his actions.

The Court of Appeal disagreed with the chambers judge, finding that Bevan’s claims were neither novel nor improbable. It held that the tort of fraudulent misrepresentation is not limited to commercial contexts and can apply to non-economic loss, so long as the essential elements – fraud and actual loss – are proven. The court noted that Bevan had sufficiently pleaded that she relied on Husak’s false representations, which resulted in her mental and emotional distress.

The court also found that the lower court had erred in dismissing the claim for negligent infliction of mental distress. Bevan’s claim that she had suffered significant mental harm after discovering Katelin’s victimization and absence was sufficient to establish a potentially valid cause of action. The Court of Appeal concluded that these claims warranted further exploration at trial rather than being dismissed at the pleadings stage.

Ultimately, the court granted Bevan’s appeal, reversing the decision to strike out the claims. The case will proceed to trial, where the allegations and their legal implications will be fully explored.