Category: Statute of Limitations

Statute of Limitations in Canadian Sexual Abuse Claims

by John McKiggan

Our experiences play a big
role in shaping our mental health and well-being throughout our lives. Sexual
abuse, during childhood or adulthood can leave mental scars that can remain
with us for a very long time, affecting how we interact with the world around
us.

Recently, Provincial
governments across Canada have made a push to ensure that survivors of sexual
abuse have more access to justice without having their claims barred because
they were unwilling, or unable, to come forward until many years after their
abuse.

Previously, limitation periods prevented
access to justice for survivors of sexual abuse whose claims were not filed
within the “Limitation Period”. A Limitation Period is a deadline when a
lawsuit must be filed. Once a Limitation period runs out or expires, the
plaintiff may be prevented from being able to file a compensation claim.

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Posted in: Statute of Limitations

Sexual Abuse in Canada’s Athletics: A Brief Overview

by John McKiggan

While sports are commonly thought to “be a safe, healthy environment which contributes to the positive development of young people, it is also an area where violence can manifest itself in various ways, including sexual assault.” Between 2 and 8 percent of all Canadian athletes are victims in sexual abuse at some point in their careers, a number which may come as a surprise to sports fans and sexual abuse prevention advocates alike.

Concerns for the safety and wellbeing of child and young adult victims have seen a sharp rise in recent years as incidents of sexual abuse in any environment—including athletics—are brought to the public’s attention thanks to the #MeToo movement and similar visibility efforts.

In as many as 98 percent of these incidents, the perpetrators of sexual abuse were coaches, teachers or instructors of the victims, violating the sense of trust and kinship that is highly valued in the context of an athletic team.
Is Sexual Abuse in Elite Sports a Hidden Epidemic?

Courtesy of Toronto Star

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Posted in: Child Abuse, Doctor Sexual Abuse, Sexual Abuse, Sports sexual abuse, Statute of Limitations, Treatment, Uncategorized

The Unfounded Files: #MeToo and Its Impact on the RCMP

by John McKiggan

As the #MeToo movement continues to gain traction across Canada, supporters have continuously called for not only an end to sexual assault victim stigmatization, but also for an improvement in the way that sexual assault incident reports are handled by authorities. In Canada, sexual assault allegations are investigated by local police departments or the RCMP. RCMP statistics indicate an estimated 635,000 incidents of sexual assault occurred in Canada during 2014.
Tip of The Iceberg

image courtesy of patch.com

Unfortunately, as someone who has been representing survivors of sexual abuse for more than 25 years, I can state without a shadow of a doubt that these reports are just the tip of the iceberg.

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Posted in: Child Abuse, Class Actions, Repressed Memory, Sexual Abuse, Statute of Limitations

Nova Scotia’s New Limitation Act Helps Sexual Abuse Victims

by John McKiggan

Nova Scotia has proclaimed a new Limitation of Actions Act. That is the law that establishes the statute of limitation period (how long a plaintiff has to sue) for various claims.

There are a number of important changes in the new statute of limitations. Specifically it shortens the limitation period for many claims to two years.

Court still has discretion to extend limitation periods

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Posted in: Statute of Limitations, Time Limits, Uncategorized

Incest Survivor Waits Too Long to Sue – Claim Struck-Out

by John McKiggan

Historical sexual abuse claims can be complicated and difficult to prove for many reasons; the abuse happened long ago, witnesses may have died, records are destroyed and memories fade.

Limitation Periods a Barrier

One of the biggest hurdles abuse survivors faced was the fact that the time limit to file a claim had usually run out by the time the survivor had the strength or courage to be able to disclose what happened to them as a child.

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Posted in: Sexual Abuse, Statute of Limitations, Time Limits, Uncategorized

Supreme Court of Canada Sends Time Limits Case Back to Court

by John McKiggan

The Supreme Court of Canada ruled today on Christensen v. Roman Catholic Archbishop of Québec, an important case out of the province of Quebec that addresses the rights of sexual abuse survivors in that province to pursue compensation for their injuries.

Quebec has the shortest statute of limitation (time limit) in Canada for filing sexual abuse compensation claims. In Quebec, if sexual abuse survivors wish to pursue a compensation claim, they must sue their abuser (or the abuser’s employer) within three years of the sexual assault!!

In other words, if a child is sexually abused when they are 7 years old, they must file a claim before they turn 11 years of age. Does that sound crazy?

Takes Time to Discover Effects of Abuse

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Posted in: Priest Abuse, Priest Sexual Abuse, Statute of Limitations, Time Limits, Uncategorized

Statute of Limitations in Sexual Abuse Claims: Supreme Court of Canada

by John McKiggan

Time Limits for Sexual Abuse Claims

This week the Supreme Court of Canada released its decisions in a pair of historical sexual abuse cases arising out of Nova Scotia. In Borden v. Attorney General of Nova Scotia and Smith v. Attorney General of Nova Scotia, the plaintiffs filed claims against the Nova Scotia Home for Colored Children and the Children’s Aid Society alleging the defendants were liable for damages for sexual assault and breach of fiduciary duty relating to sexual abuse that allegedly occurred in the home between 1966 and 1984.

The Home for Colored Children and the Children’s Aid Society applied for summary judgment to dismiss the claims on the basis that they were statute barred pursuant to Nova Scotia’s Limitation of Actions Act.

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Posted in: Sexual Abuse, Statute of Limitations, Time Limits, Uncategorized
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