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ARTICLE · 03 SEPTEMBER 2020

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Sexual Assault And The Statute Of Limitation Exemption

The Ontario Limitations Act was amended on March 9, 2016, to remove all limitation periods for civil claims based on sexual assault.

CanadaCriminal Law

The Ontario Limitations Act was amended on March 9, 2016, to remove all limitation periods for civil claims based on sexual assault. A limitation period is a deadline by which a plaintiff must begin litigation. The standard limitation period in Ontario is two years from the date of loss or the loss's discovery. After the expiry of the limitation period, the litigant loses their right to pursue a claim. The imposed time limits to commence a claim support the concept that the wronged party should be reasonably diligent in pursuing legal recourse once assaulted.

Before the recent amendment to the Limitations Act, victims have been able to rely on the reasonable discoverability rule, which requires that the imposed time limit is only applied once the harm is discovered. This rule has been advantageous in cases where victims realize they have been assaulted years after the incident, which is often the case where victims were minors at the assault time. However, this rule

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