Civil Sexual Assault Claims in Ontario

If you have survived sexual assault or abuse, you may be able to bring a civil claim for compensation. This page explains, in plain and respectful terms, how those claims work in Ontario. It is your decision whether and when to take any step, and there is no pressure here. Reading this is simply a way to understand your options.

In short: A civil sexual assault claim is a private lawsuit that seeks compensation for the harm you suffered. It is separate from the criminal justice system and can proceed whether or not there was ever a criminal charge or conviction. In Ontario, there is no limitation period for claims based on sexual assault, so it does not matter how long ago it happened.

A civil claim is different from a criminal case

These are two separate paths, and understanding the difference helps. A criminal case is brought by the Crown to hold an offender accountable to the state, and it can result in a criminal conviction. A civil claim is yours. Its purpose is not to send anyone to jail but to recognize the harm done to you and to seek financial compensation for it.

Because they are separate, a civil claim can move forward whether or not the police were ever involved, whether or not charges were laid, and whether or not a criminal case ended in a conviction. The two processes also use different standards. A criminal conviction requires proof beyond a reasonable doubt, while a civil claim is decided on the balance of probabilities, meaning what is more likely than not to have happened. Because that standard is lower, a civil claim can sometimes succeed even where a criminal charge did not.

There is no limitation period

This matters: Ontario law places no time limit on civil claims based on sexual assault. You can bring a claim no matter how many years or decades have passed since the assault.

Most civil claims in Ontario must be started within a set time. Claims based on sexual assault are a deliberate exception. Under the Limitations Act, 2002, there is no limitation period for a proceeding based on a sexual assault, a change made to recognize that survivors often need many years before they are ready to come forward. This rule also applies to past events, so a claim can be brought even if an older deadline would once have expired. There is a narrow exception: a claim generally cannot be revived if it was already dismissed by a court or resolved through a binding settlement.

Source: Limitations Act, 2002, s. 16(1)(h) (no limitation period for claims based on sexual assault; amended by Bill 132, in force 2016). Confirm current wording on Ontario e-Laws: https://www.ontario.ca/laws/statute/02l24 [CONFIRM against current e-Laws and case law before relying on it]

Even though there is no deadline, evidence can become harder to gather as time passes. There is no rush, and the choice of timing is entirely yours, but a lawyer can explain how these practical points might apply to your situation.

Who a claim may be brought against

A civil claim can be directed at more than the individual responsible. Depending on the circumstances, there may be a claim against an organization or institution whose actions or failures allowed the abuse to happen or to continue. This can matter a great deal, both because institutions are often better able to provide meaningful compensation, and because holding them accountable can prevent future harm.

• The individual who committed the assault, through the civil tort of battery.
• An institution or employer, where its own negligence created or ignored the conditions that allowed the abuse, for example by failing to supervise, screen, or respond to warnings.
• An institution through vicarious liability, where a strong connection exists between the role it gave a person and the wrong they committed. This is fact-specific and depends on the details.
• Breach of fiduciary duty, where someone in a position of trust and power over you, such as certain caregivers or authority figures, abused that position.

Sexual assault and abuse can arise in many settings, including within families, workplaces, schools, sports, religious organizations, and care facilities. It can involve a single incident or a pattern that continued over time.

What compensation may recognize

No amount of money undoes what happened. What a civil claim can do is formally recognize the harm and provide compensation for its effects. Depending on the case, this may include non-pecuniary damages for the pain, suffering, and lasting psychological impact, as well as pecuniary losses such as the cost of counselling and therapy, lost income or reduced earning capacity, and other expenses connected to the harm. In cases involving especially serious or high-handed conduct, additional categories of damages can sometimes apply. What is appropriate depends entirely on the facts and the effect on your life.

How AK Lawyers handles civil sexual assault claims

AK Lawyers (Antonov Kaganovich LLP) is a personal injury firm that represents injured people, never institutions or insurers. We understand that coming forward takes courage, and that discretion matters. [CONFIRM process points with AK; remove any the firm does not do]

• We listen with care and without judgment, and we move at a pace you are comfortable with.
• We handle your matter with discretion, mindful of your privacy at every stage.
• We identify every party who may be responsible, including any institution whose negligence played a part.
• We build the case thoughtfully, gathering the evidence needed to establish what happened and the harm it caused.
• Contingency fees. You don't pay legal fees unless your claim succeeds. The fee is a percentage set out in a written contingency-fee agreement at the start, which also explains how disbursements are handled.

Frequently asked questions

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