It’s common to see victims of abuse file a claim decades after the occurrence of the incident. Victims may file criminal charges or a civil lawsuit against the perpetrator of the crime to seek compensation for their losses. Certain limitation periods exist for such cases. However, the court can allow a victim to continue with a lawsuit long after the abuse took place. In Canada, no statutes of limitations prevent the prosecutor from filing charges at any time after the commission of an offence. The law allows a person to report a crime or contact the police many years from when the crime occurred. Even if a crime occurred years ago, the police would go on with the investigations and file charges against the accused. If there is sufficient evidence, the guilty person is convicted.
What a Limitation Period Means
A limitation period is a time-frame within which the victim or the aggrieved person should bring a claim. Under Canadian law, limitation periods apply to civil lawsuits. In a personal injury lawsuit, a limitation period is when the injured party should initiate a claim to seek compensation for damages. The rules that govern the limitation period may vary from province to province.
Applicable Limitation Period in Ontario
The Limitations Act, 2002 outlines the applicable timelines for filing a civil lawsuit in Ontario. The rule outlines that a claim should commence within two years from when the offence occurred. There are certain exceptions to the limitation period. For instance, when a victim intends to file a claim against the province or municipality, he or she should do so within ten days from when the injury or the accident occurred. At times, a victim might not know the exact date when an injury occurred. It could take a significant period for the injuries to manifest after an incident. In this case, the statute of limitations will start when it becomes clear that an incident causes or contributed to a victim’s injuries.
Pursuing a Claim on Behalf of a Loved One
The duration of the limitation period applies even if the claimant is a family member pursuing a claim on behalf of their loved one. A litigation guard or a family member may pursue a claim that involves a wrongful death. At times, a victim might suffer a disability or mental incapacitation that makes him or her unable to pursue a lawsuit. The applicable limitation period will start when:
- The litigation guardian or the loved one learned about the incident that resulted in the claim
- The person who makes a claim knew about the claim or would have reasonably known about the claim
A Litigation Guardian
A litigation guardian may be a spouse, parents, or family member who serves as the claimant’s natural guardians. A litigation guardian could also be any person who is willing to represent the victim as long as he or she swears an affidavit stating that they have no interests adverse to those they represent.
A victim or a claimant should never ignore limitation periods. Even if a person has a strong claim, the court might deny the claim if the limitation period expires. It is important to talk to a lawyer as soon as possible regarding a claim. Click here to learn more about limitation periods for different types of claims in Canada.
Other articles from totimes.ca – otttimes.ca – mtltimes.ca