In recent years, victims of sexual and spousal abuse in Canada have been turning increasingly to civil courts to demand compensation for their loss and suffering. In the context of growing public awareness and denunciation of violence against women and children, the law must be able to meet the demands of these victims.
Originally published in French, this new and updated translation identifies and addresses the issues that are raised by the recent emergence of recourse to civil litigation by victims of sexual and spousal abuse. It outlines an egalitatian approach to the legal system, one that takes into account the unique needs of women and children. This work analyzes the conditions necessary to bring an action in civil liability for sexual and spousal abuse. It describes the remedies available within the Quebec Civil Code, as well as providing an analysis of Canadian Common Law jurisprudence on this issue. Finally, the book will also be of interest to jurists in civil law jurisdictions outside Canada and to scholars interested in comparative law.
Table of Contents
PART I: THE CLIENT
Chapter 1: Towards a Better Understanding of the Client
Chapter 2: Towards a Better Representation of the Client
PART II: THE CONDITIONS FOR REMEDY
Chapter 3: Extinctive Prescription
Chapter 4: Remedies
PART III: INSTITUTING PROCEEDINGS
Chapter 5: Preparation for Trial
Chapter 6: The Trial
Chapter 7: The Defendant's Response: Action for Defamation
Table of Cases