The report elsewhere describes j + s as entering the common law "through the back door, by default" as if it were some unwelcome dinner party guest whose invitation was sent through error.
I am not aware of any looming threat to j + s in Ontario, though the insurers and the municipalities have been plucking this string for at least a decade now, but I thought the topic of j + s was worth discussing in another context that is very timely.
Public interest lawyers in the US with the help of Congress and the US Courts have been using the concept of j + s to fully or nearly fully achieve compensation for the victims of child pornography, whose images are traded online, who are re-victimized with every viewing, and who will likely continue to suffer measurable damages for the rest of their lives because these horrible images, once they are online, can never be retrieved.
US federal statutes providing for restitution to crime victims by offenders have been interpreted through the lens of j + s as enabling the recovery of full compensatory damages by child porn victims from a single viewer, for all harms caused by all viewing. As you may imagine, the need for years of therapy and permanent employability issues are common for these types of victims, and numbers can fairly be assigned to these categories.
There have been some impressive sums paid, in the six and seven figures, by convicted sex offenders who happen to be deep-pocketed and who have an incentive -- for sentencing reasons -- to make full restitution.
I would commend Emily Bazelon's article The Price of a Stolen Childhood in the January 27, 2013 New York Times Magazine to the attention of anyone with a further interest in this topic. The decision of the Fifth Circuit Court of Appeals of October 1, 2012 in In re: AMY UNKNOWN available on the Court's website is also well worth a read.
Marc's Ottawa litigation practice areas include elder abuse, financial advisor negligence, personal injury including motor vehicle accidents and slip and fall accidents, lawyer negligence, commercial disputes, medical and dental malpractice, insurance claims disputes, real estate disputes, accident benefits litigation, LTD litigation, wrongful dismissal, coverage disputes, pension litigation, bank and trust company negligence, product liability, representing victims of financial fraud, and sexual harassment. This blog article is for informational purposes only and does not constitute legal advice.