Kungl v. Schiefer

Kungl v. Schiefer

Under Ontario reception of English law as of 1792 there is no distinct cause of action for alienation of affections; proven alienation resulting from adultery is a consequential element to be considered in assessing damages for criminal conversation, and on the facts the court assessed damages at $5,000.

Citation
[1962] SCR 443
Parties
Plaintiff/appellant: Frank R. Kungl; Defendant/respondent: Tony Schiefer
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 April 1962
Procedural Posture
Civil Family/tort: Action for Criminal Conversation and Alienation of Affections / Appeal to Supreme Court of Canada From Court of Appeal for Ontario; Judgment on Appeal
Outcome
Appeal allowed in part; Court varied the Court of Appeal order and entered judgment for appellant for $5,000 and costs of the action; respondent awarded costs of the appeals.
Legal Topics
Criminal Conversation, Alienation of Affections, Assessment of Damages, Reception of English Common Law in Ontario, Enticement
Source Language
English
Family Law Tort Civil Procedure Criminal Conversation Alienation of Affections Assessment of Damages Reception of English Common Law in Ontario Enticement

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Parties

Frank R. Kungl

Plaintiff/appellant

Tony Schiefer

Defendant/respondent

Procedural Posture

Civil Family/tort: Action for Criminal Conversation and Alienation of Affections / Appeal to Supreme Court of Canada From Court of Appeal for Ontario; Judgment on Appeal

Legal Issues

  1. 1 Whether ‘alienation of affections’ is a separate cause of action in Ontario
  2. 2 Whether the jury’s separate awards for adultery and alienation duplicated recoverable damages
  3. 3 Proper measure and assessment of damages for criminal conversation in light of loss of consortium

Ratio Decidendi

Under Ontario reception of English law as of 1792 there is no distinct cause of action for alienation of affections; proven alienation resulting from adultery is a consequential element to be considered in assessing damages for criminal conversation, and on the facts the court assessed damages at $5,000.

Court Disposition

Appeal allowed in part; Court varied the Court of Appeal order and entered judgment for appellant for $5,000 and costs of the action; respondent awarded costs of the appeals.

Orders

  • Judgment entered in favour of appellant Frank R. Kungl against respondent Tony Schiefer for $5,000 and costs of the action
  • Order of the Court of Appeal varied; no new trial on damages directed by this Court