From: Ken Oliphant <Ken.Oliphant@bristol.ac.uk>
To: Jason W Neyers <jneyers@uwo.ca>
CC: obligations@uwo.ca
Date: 28/02/2017 12:36:54 UTC
Subject: Re: ODG: Tort of Human Trafficking
A very interesting development. Thanks both for bringing this to our attention.

One question: what losses is it envisaged that the trafficker might have to compensate? Would these extend to purely emotional harm? 

Clause 16(2) ("The action may be brought without proof of damage") might I suppose provide a basis for the award of compensatory damages for such harm, but it could be there simply to provide a basis for the punitive damages mentioned in cl 17(1)(a)

Ken


Ken Oliphant
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On 27 February 2017 at 19:38, Jason W Neyers <jneyers@uwo.ca> wrote:

Dear Colleagues:

 

I post on behalf of Professor Ernerst Weinrib:

 

Participants in the Obligations Discussion Group might be interested in Bill 96, just introduced into the Ontario legislature last week.  The bill creates a statutory tort for human trafficking.

 

Here's the news release: https://news.ontario.ca/owd/en/2017/02/strengthening-ontarios-human-trafficking-laws.html

 

Here's the bill:

http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=4513#Sched217

 

From the bill's explanatory note: Part III establishes a tort of human trafficking. A civil action may be brought by a victim of human trafficking against any person who engaged in the human trafficking, and no proof of damage is required. Section 17 sets out powers of the court and specific considerations respecting damages and other compensation in such an action. 

 

Best wishes,

 

Ernest J. Weinrib

University Professor and

Cecil A. Wright Professor of Law

University of Toronto

 

 

esig-law

Jason Neyers
Professor of Law
Faculty of Law
Western University
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e. jneyers@uwo.ca
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