In a sexual assault case, D.S. v. Quesnelle, the Ontario Superior Court awarded general damages in excess of the $350,000 cap established by the “trilogy,” with Justice Clyde Smith finding the cap should not apply because of the inherent differences in sexual assault compared with other injuries. Do you agree that the impact for victims of sexual assault is different than other types of injuries in terms of pecuniary damages/non-pecuniary damages?

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