Civil Sexual Abuse and Assault Claims FAQs

Compensation varies from case to case but may include:

• General damages for emotional and psychological harm;
• Aggravated and punitive damages;
• Loss of income or reduced earning capacity, including future earnings;
• Cost of therapy and mental-health care, including future care;
• Out-of-pocket expenses; and
• Damages for reputational or relational harm.

There are numerous protections available, including:

• Publication bans;
• Anonymity orders, using “John/Jane Doe” or initials instead of full names;
• Sealing orders, in limited circumstances;
• Carefully crafted pleadings to limit unnecessary detail;
• Ensuring clients are aware at the outset of what information and/or documents will need to be produced throughout the lawsuit;
• Reviewing all documents with clients before they are produced, if and as required;
• Discussing what specific aspects of a client’s file the client is concerned about; and
• Ensuring the “deemed undertaking rule” and other protective rules in the Rules of Civil Procedure are respected and maintained.

We discuss all options with clients before any significant step is taken in the litigation.

Sometimes. Institutions may be legally responsible when abuse occurs within:

• Schools and universities;
• Sports organizations;
• Religious institutions;
• Medical practices;
• Workplaces;
• Youth programs and community organizations;
• Children’s aid societies;
• Government-run entities; or
• Other programs or situations where an institution may be responsible for an individual’s safety.

The institution’s liability is often based on vicarious liability or negligence.

Vicarious liability holds organizations responsible for the misconduct of individuals acting “in the course of” their roles, even when the institution did not know the abuse was occurring. It is a complex and important legal doctrine that clients should explore with their lawyer.

When determining whether the vicarious liability doctrine will apply, courts consider various factors including, among others:

• Connection between the abuse and the employment role;
• Opportunity for abuse created by employment;
• Foreseeability; and
• “Mere opportunity” vs. “close connection.”

This doctrine is central in many school, sport, religious, and employment-based cases.

Criminal proceedings are initiated by the Crown, require proof beyond a reasonable doubt, and focus on punishment and rehabilitation. The accused is innocent until proven guilty, does not have to testify at trial, does not have to provide any statement or evidence to the Crown, and is entitled to any and all evidence in the possession of the Crown, including any statements made by the survivor. The Crown is in charge of the proceeding, not the survivor. The survivor is called a “complainant.” The main role of the complainant is to provide evidence as a witness and to assist the Crown in its case against the accused.

Civil proceedings are initiated by the survivor, require proof on a balance of probabilities, and focus on compensation and accountability. The defendant is required to submit to an examination for discovery, testify at trial, and produce any and all documents that may be relevant to the proceedings. The survivor is in charge. It is the survivor who decides to initiate the action, and who decides how the action will proceed, or if a settlement is acceptable.

A survivor can start a civil claim whether or not criminal charges are laid, and regardless of the outcome of a criminal trial.

If criminal proceedings are ongoing or contemplated, it is sometimes advisable to wait until the conclusion of the criminal proceedings before initiating a civil proceeding for various reasons. The precise timing and strategy should be discussed with a lawyer.

Professional Colleges, such as the College of Physicians and Surgeons, the College of Registered Massage Therapists, or the College of Teachers, among others, may conduct disciplinary proceedings when a regulated professional is accused of misconduct. These proceedings can result in restrictions on, or revocation of, a professional’s licence.

There is a complex overlap between College regulatory proceedings and civil claims, which should be discussed with a lawyer.

Expert evidence can be critical and may include:

• Trauma psychology;
• Historical standards of care, such as institutional practices in past decades;
• Grooming dynamics;
• Delayed disclosure; or
• Economic loss and future care costs.

We work with leading experts to present the strongest possible case.