Governed by the Limitations Act, 2002 ("Limitations Act") in Ontario, a limitation period is the time within which one party must commence an action against another.
The standard limitation period is two years from the date of the loss or the date the loss was discovered. Failure to commence an action within the prescribed limitation period will usually result in an action being dismissed and that party is forever barred from advancing their claim.
But in 2016 the Limitations Actwas amended to carve out an exception for sexual assault cases. As a result, there is no longer a limitation period for these types of claims.
What that means is limitation periods no longer exist for matters 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 if the relationship is one of authority, dependence or trust. Additionally, limitation periods have been removed for matters of physical assault if, at the time of the assault, the person with the claim was a minor, if the parties had an intimate relationship, or there was a relationship of dependence.
These amendments to the Limitations Act also apply retroactively. In other words, individuals can advance such claims even if the limitation period that was previously in place has expired. However, a party cannot advance a claim if it was previously dismissed by a court or has been settled between the parties.
The elimination of the limitation period for claims based on sexual assault is an important development, expanding upon necessary protection for victims. For a variety of reasons, survivors may take years to come forward with their claims, and this amendment allows them the time to do so.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
