A.B. v. C.D.

A.B. v. C.D.

The court held that a person with a past genital herpes outbreak owes a duty to disclose that fact to sexual partners and that the defendant breached that duty; on the balance of probabilities the defendant transmitted HSV-1 to the claimant; the claimant failed to prove the asserted outstanding debt because routine dating expenditures are ordinarily gifts absent express agreement; claimant awarded statutory maximum general damages of $100 and proven special damages of $118.05, plus court costs; names of parties anonymized.

Citation
2013 NSSM 1
Parties
Claimant: A.B.; Defendant: C.D.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
2 January 2013
Procedural Posture
Small Claims Court — Debt and Tort (transmission of Disease) / Decision on the Merits
Outcome
Debt claim dismissed; claimant successful in part on negligent non-disclosure and transmission claim; awards made for general and special damages and costs; privacy order granted.
Legal Topics
Negligent Non Disclosure, Transmission of Disease, Causation (balance of Probabilities), Damages (general and Special), Gifts Versus Loans, Court Privacy/anonymization
Source Language
English
Tort Contract Personal Injury Privacy Negligent Non Disclosure Transmission of Disease Causation (balance of Probabilities) Damages (general and Special) +2 more

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Parties

A.B.

Claimant

C.D.

Defendant

Procedural Posture

Small Claims Court — Debt and Tort (transmission of Disease) / Decision on the Merits

Legal Issues

  1. 1 Whether payments made during dating were loans or gifts
  2. 2 Whether defendant owed a duty to disclose prior genital herpes to sexual partners
  3. 3 Whether defendant breached that duty

Ratio Decidendi

The court held that a person with a past genital herpes outbreak owes a duty to disclose that fact to sexual partners and that the defendant breached that duty; on the balance of probabilities the defendant transmitted HSV-1 to the claimant; the claimant failed to prove the asserted outstanding debt because routine dating expenditures are ordinarily gifts absent express agreement; claimant awarded statutory maximum general damages of $100 and proven special damages of $118.05, plus court costs; names of parties anonymized.

Court Disposition

Debt claim dismissed; claimant successful in part on negligent non-disclosure and transmission claim; awards made for general and special damages and costs; privacy order granted.

Orders

  • Debt claim dismissed; no award for claimed $714.50 balance.
  • Award general damages to claimant in the amount of $100.00.