Understanding Sexual Assault and Battery in Civil Litigation: A Series

Part 3: How Long do I Have to Sue Someone for Sexual Assault?

By: Taylor Bain

In recognition of Sexual Assault Awareness Month, this series summarizes the current civil law in Canada surrounding sexual assault and battery, with the aim of making the law more transparent and accessible for all. For more information or representation related to your legal claim, contact Gillian Hnatiw & Co. here. 

For many survivors of sexual assault, time itself can feel like another barrier to justice. Years (or even decades) may pass before a survivor feels able to come forward, only to be met with the fear that it is “too late” to take legal action. This concern is understandable, especially in a legal system where most claims expire after a strict deadline. This article explains an important exception to that rule pertaining to sexual assault claims in Ontario.

Understanding the law surrounding limitation periods can be empowering for survivors exploring their options for accountability, compensation or recognition of harm on their own timeline.

Civil Actions for Sexual Assault

If you have experienced sexual assault, you can sue the perpetrator and (in many cases) those who failed to protect you from being assaulted. As with all other legal claims, it is important to consider whether you need to bring your lawsuit within a certain period of time to ensure your legal right to do so does not expire.

The Limitations Act, 2002 Confirms There is No Limitation Period

The short answer is that there is no limitation period (i.e., expiry date) applicable to civil sexual assault cases in Ontario, including claims against other parties who did not take the required action to prevent or respond to the assault.

Now for the longer answer. While most legal claims are subject to a two-year limitation period under Ontario’s Limitations Act, 2002, sexual assault and other claims involving relationships of dependency and exploitation are not subject to any expiry date. In particular, the statute exempts the following claims from the limitation period:

(a)  a proceeding based on a sexual assault;

(b)  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;

(c)  a proceeding based on an assault (writer’s note: not sexual) if, at the time of the assault, 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 assault:

(i)  they had an intimate relationship,

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

The impact of this provision means that you're not limited to only making a claim for sexual assault. So long as the proceeding is based on a sexual assault, you can include other kinds of relief in your lawsuit (such as intentional infliction of mental distress or breach of fiduciary duty).

These provisions are retroactive, which s. 16(1.1) of the Limitations Act, 2002 confirms. This means that this exception applies to instances of sexual assault that occurred before the amendment became law in 2016. In other words, even if the assault occurred in the 1980s, for example, the survivor could still bring their legal claim today if they chose to do so.

The Exception Applies Beyond the Individual Perpetrator

These exceptions extend beyond the individual perpetrator of the assault to include other blameworthy parties, such as a school board that failed to take the appropriate steps to protect a survivor from their abusive teacher. Support for this position comes from both the statute itself (see s. 16(1.3) of the Limitations Act, 2002) and various Ontario courts (see e.g., X.H. v. Cota, 2022 ONCA 274 (CanLII) at para 7).

An important example of the Ontario courts confirming this expanded definition is Jane Doe v. Weinstein, 2018 ONSC 1126. There, in addition to suing notorious movie mogul Harvey Weinstein for sexual assault, Jane Doe sued his assistant, Barbara Schneeweiss, for facilitating the assaults with knowledge, recklessness or indifference to the consequences for Ms. Doe. These acts occurred over a decade before Ms. Doe brought her lawsuit, and Ms. Schneeweiss did not commit the assaults herself. Nevertheless, Ms. Doe brought her claim against Ms. Schneeweiss for intentional infliction of mental injury, negligence, negligent misrepresentation, and negligent infliction of nervous shock. Ultimately, the Court confirmed that each of Ms. Doe’s claims against Ms. Schneeweiss fit within the exception and were not subject to a limitation period.

The Exception Does Not Always Apply

Even when relating to sexual misconduct, this exception does not apply to human rights matters brought before the Ontario Human Rights Tribunal. For individuals looking to pursue their claim through Tribunal, which only applies to certain protected relationships (employment, housing, goods and services, contract, and vocational associations), they must file their matter within a year of the last event of harassment or discrimination. The Tribunal will at times allow applications to be filed after this deadline, but it can be a difficult burden to meet (see s. 34 of the Ontario Human Rights Code).

While there are similar protections in other Canadian provinces and territories to enable survivors of sexual assault to bring their claims forward without a deadline to do so, the specific exceptions differ. This is important because, for the most part, you are required to bring your lawsuit in the jurisdiction that the assault or other misconduct occurred (not where you currently live) and your claim will be subject to the rules of that jurisdiction.

Just recently, Gillian Hnatiw was successful before the Nova Scotia Court of Appeal in striking down a decision that would have imposed a limitation period for causes of action that often accompany sexual assault (like intentional infliction of mental distress). Had it not been overturned on appeal, the lower court decision would have dramatically impacted the rights of sexual assault survivors in Nova Scotia. You can read more about that case here.

This blog post does not cover every exception, so it is always best practice to consult a lawyer about your specific situation.

Choosing to pursue a lawsuit can be a deeply personal and complex decision, especially when it involves sexual assault or another form of exploitation. While the legal system cannot undo harm, it can offer survivors a meaningful avenue for accountability.

Thankfully, survivors do not face the additional pressure of a limitation period when making their decision of whether to pursue compensation and accountability though a civil lawsuit. By removing limitation periods for these claims, the law affirms that survivors are entitled to take time, reflect, and choose if and when legal action feels right. For those exploring this path, informed legal advice can help clarify options and ensure their rights are fully protected.

Gillian Hnatiw & Co. is a leading firm in civil sexual assault and sexual battery litigation. For experienced representation and clear legal guidance, contact Gillian Hnatiw & Co here.

If you or someone you know has been affected by sexual violence and requires immediate support, confidential help resources are available in your community.

This article is provided for general informational and educational purposes only and does not constitute legal advice. Reading this content does not create a solicitor‑client relationship. Laws and legal procedures vary depending on individual circumstances and jurisdiction. If you require legal advice regarding your specific situation, please consult a qualified legal professional.