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Civil Claims and Family Violence

93 bytes removed, 21:17, 15 August 2023
Limitation periods
==Limitation periods==
A limitation period is a deadline by which a claim must be made and a court action started. If a limitation period applies to your a claim, and it that period has expired, you cannot make that claim anymore. For many torts, including assaults involving people whose relationship is not personal or one of dependency, and many tortswho are strangers, the limitation period is generally two years after the incident. Where assault involves people in an intimate relationship, or where the victim was in a relationship of dependency with the attacker, there is no limitation period. There is also no limitation period for claims relating to sexual assault, regardless of the relationship between the attacker and the victim.
Under section 3(1) of the provincial ''[http://canlii.ca/t/8qx3 Limitation Act]'', there is no limitation period for a number of claims, including:
* claims relating to sexual assault (for anyone)
* claims relating to assault, battery or misconduct of a sexual nature while the claimant was a minor
* claims relating to assault or battery while the claimant was an adult living in an intimate and personal relationship (or had a relationship of financial, emotional, physical, or other dependency) with a person who performed, contributed to, consented to, or acquiesced in the assault or battery.
 
The tort of family violence (currently under appeal, ''[http://canlii.ca/t/g2h5c Ahluwalia v. Ahluwalia]'', 2022 ONSC 1303) uses a different approach to limitation periods: if a single event, in a pattern of family violence, is within the limitation period, then the claim can be brought and the court can consider the entire chain of events.
==Awards==