The Limitation Period For Claims Based On Sexual Assault

Published date25 January 2023
Subject MatterLitigation, Mediation & Arbitration, Criminal Law, Personal Injury, Crime
Law FirmMcLeish Orlando LLP
AuthorMs Lindsay Charles and Sonam Sapra, Summer Student

Introduction

In Ontario, limitation periods are governed by the Limitations Act, 2002 ('Limitations Act'). A limitation period is the window of time that a party has to commence an action against another party. For the most part, the standard limitation period in Ontario is two years from the date of loss or the date that the loss was discovered. Failing to commence an action within the limitation period is a complete defence; this means that the failure to commence an action within the limitation period will result in an action being dismissed.

The Limitation Period for Sexual Assault Claims Prior to 2016

By commencing a civil lawsuit, victims of sexual assault can obtain compensation for their pecuniary and non-pecuniary damages. However, prior to 2016, victims of sexual assault were required to factor in the limitation period when commencing a lawsuit. Specifically, s.16(1)(h) of the Limitations Act provided that there was no limitation period for claims based on sexual assault if, at the time of the assault, the perpetrator had charge of the person assaulted or was in a position of trust or authority.

Bill 132 and the Current Limitation Period for Sexual Assault Claims

In 2016, Bill 132 Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment) received Royal Assent. The primary purpose of Bill 132 was to protect individuals from the threat of...

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