The Challenges Of Limitations In Sexual Abuse Claims

Limitation periods provide comfort to both insureds and insurers. With the passing of a limitation period, each can draw comfort from the knowledge that a claim has not been pursued and is not likely to be pursued in the future. Limitation periods have been liberalised through the use of the discoverability principle, but for the most part the tolling of the limitation period means the end of a possible claim.

Claims for sexual abuse present a greater challenge. The Supreme Court of Canada liberalised the limitation period for sexual abuse claims in M. (K.) v. M. (H.)¹ to the point where the limitation period does not begin until the plaintiff is reasonably capable of discovering the wrongful nature of the defendant's acts. Typically, that is not until he or she has received counselling. More recently, in Ontario, legislation has been passed to eliminate entirely the limitation period in cases of sexual abuse. A plaintiff is no longer required to demonstrate