Thursday, May 20, 2010

Adultery can pay -- sometimes

When I read this story the other day, I thought at first the woman was nuts -- you heard about this, I'm sure:   A woman, who had a cell phone account under her maiden name, is now suing Rogers for contributing to the breakup of her marriage because when her husband bundled cable and Internet the company apparently also included the cell account and he discovered the affair by reviewing the combined bill and noticing three one hour calls -- which obviously weren't business related.    The woman claims after her husband left her, her job performance sank to the point she was fired -- from a job that paid over $100k a year.    The affair, it should be pointed out, was short-lived.

The damages she is seeking:   $600,000.

Obviously, I don't condone adultery, except under one condition -- that the one cheating is a victim of his or her partner's serial abuse or drug use.   Neither was the case here, far as I know.   However, there is the issue of consent -- no one asked her if she wanted the cell phone included in the account, apparently it seems either her husband or Rogers did this unilaterally.

So, I think she has a case.    Everyone has a right to privacy, and as far as I know adultery is not a criminal offence in Canada.   But $600,000?    A bit high under the common law.    I'd award maybe half that.   Too bad she's not in Québec -- she might have cleaned up under the Civil Code (though I could be wrong -- any civil litigators in La Belle who can clarify what damages she might be entitled to?).

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