Legal & Industry Insights from Reeves Richarz LLP

Waived Limitation Period for Sexual Assault and Sexual Misconduct Claims

By Athina Ionita

Generally speaking, in Ontario, litigants have two years to commence a civil lawsuit. However, in the cases of the sexual assault, this two-year limitation period is waived.

Section 16(1) of the Ontario Limitations Act states,

“16 (1) There is no limitation period in respect of…

(h) a proceeding based on a sexual assault;

(h.1) a proceeding based on any other misconduct of a sexual nature if, at the time of the misconduct, the person with the claim was a minor or any of the following applied with respect to the relationship between the person with the claim and the person who committed the misconduct:

(i) the other person had charge of the person with the claim,

(ii) the other person was in a position of trust or authority in relation to the person with the claim,

(iii) the person with the claim was financially, emotionally, physically or otherwise dependent on the other person;

…:” (emphasis added)

These provisions provide flexibility for victims of sexual assault when bringing a claim for sexual assault. The provisions also provide reprieve for victims of sexual misconduct where the perpetrator was in a position of trust, or where the claimant was financially, emotionally, physically or otherwise dependent on the perpetrator.

  • Athina Ionita

    Athina is an associate at Reeves Richarz LLP. She has a broad insurance and commercial litigation practice, which includes automobile/occupier’s liability, accident benefits, loss transfer/priority, contract and subrogation disputes. She regularly represents insurers and policyholders in these matters.Athina previously practiced at a boutique insurance defence firm where she articled. She has appeared before the Ontario Superior Court, the Small Claims Court, the License Appeal Tribunal and Condominium Authority Tribunal.In law school, Athina was part of the Laskin Moot team for the University of Ottawa. She also was a caseworker for the Employment Insurance litigation clinic and was a legal researcher for the university’s Refugee Hub.In her spare time, Athina enjoys cooking, travelling and being physically active.Athina was called to the Ontario Bar in 2021 and is a member of The Advocates’ Society and Canadian Defence Lawyers.

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