Ontario Act s. 10

Bill 132, which abolishes the limitation period for sexual assault, received royal assent on March 8. These are the amendments it made to the Limitations Act:

SCHEDULE 2
LIMITATIONS ACT, 2002

Subsection 7 (4) [incapable persons] of the Limitations Act, 2002 is repealed.

Section 10 [assaults and sexual assaults] of the Act is repealed.

Subsection 15 (5) [ultimate limitation period] of the Act is amended by striking out “Subject to section 10” at the beginning.

(1)  Clause 16 (1) (h) [no limitation period for proceedings arising from sexual assault in certain circumstances] of the Act is repealed and the following substituted:

(h) a proceeding based on a sexual assault;

(h.1) a proceeding based on any other misconduct of a sexual nature if, at the time of the misconduct, the person with the claim was a minor or any of the following applied with respect to the relationship between the person with the claim and the person who committed the misconduct:

(i) the other person had charge of the person with the claim,

(ii) the other person was in a position of trust or authority in relation to the person with the claim,

(iii) the person with the claim was financially, emotionally, physically or otherwise dependent on the other person;

(h.2) a proceeding based on an assault if, at the time of the assault, the person with the claim was a minor or any of the following applied with respect to the relationship between the person with the claim and the person who committed the assault:

(i) they had an intimate relationship,

(ii) the person with the claim was financially, emotionally, physically or otherwise dependent on the other person;

   (2)  Section 16 of the Act is amended by adding the following subsections:

Same

(1.1)  Clauses (1) (h), (h.1) and (h.2) apply to a proceeding whenever the act on which the claim is based occurred and regardless of the expiry of any previously applicable limitation period, subject to subsection (1.2).

Same

(1.2)  Subsection (1.1) applies to a proceeding that was commenced before the day subsection 4 (2) of Schedule 2 to theSexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016 came into force, unless the proceeding,

(a) was dismissed by a court and no further appeal is available; or

(b) was settled by the parties and the settlement is legally binding.

Same

(1.3)  For greater certainty, clauses (1) (h), (h.1) and (h.2) are not limited in any way with respect to the claims that may be made in the proceeding in relation to the applicable act, which may include claims for negligence, for breach of fiduciary or any other duty or for vicarious liability.

(1)  Subsection 24 (2) [transition provisions] of the Act is amended by adding “Subject to subsection (2.1)” at the beginning.

   (2)  Section 24 of the Act is amended by adding the following subsection:

Exception

(2.1)  This section does not apply to a claim in respect of which clause 16 (1) (h), (h.1) or (h.2) applies.

   (3)  Subsection 24 (7) of the Act is repealed.

Commencement

This Schedule comes into force on the day the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016 receives Royal Assent.

We previously wrote about some of the potential issues arising from these amendments.

Ontario is moving to abolish the limitation period for civil claims based on sexual assault and, in certain cases, non-sexual assault.

Tracy MacCharles, the Minister Responsible for Women’s Issues, introduced Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment) for first reading on October 27, 2015. It was accepted for further debate.

The act would repeal all existing provisions in the Limitations Act relating to sexual assault (primarily section 10), and add the following to section 16, which lists proceedings that have no limitation period:

Clause 16 (1) (h) of the Act is repealed and the following substituted:

(h) a proceeding based on a sexual assault;

(h.1) a proceeding based on any other misconduct of a sexual nature if, at the time of the misconduct, the person with the claim was a minor or any of the following applied with respect to the relationship between the person with the claim and a person who committed, contributed to, consented to or acquiesced in the misconduct:

           (i) the other person had charge of the person with the claim,

          (ii) the other person was in a position of trust or authority in relation to the person with the claim,

         (iii) the person with the claim was financially, emotionally, physically or otherwise dependent on the other person;

(h.2) a proceeding based on an assault if, at the time of the assault, the person with the claim was a minor or any of the following applied with respect to the relationship between the person with the claim and a person who committed, contributed to, consented to or acquiesced in the assault:

           (i) they had an intimate relationship,

          (ii) the person with the claim was financially, emotionally, physically or otherwise dependent on the other person;

What’s most interesting, at least at this preliminary stage, is section 16(1)(h)(2). The category of people in an intimate relationship that involves financial, emotional, physical, or other dependence is very broad. Unless “dependence” is given a narrow meaning, it’s a category that could in theory include every romantic relationship.

You can follow the bill’s progress here.

The Toronto Star published an article describing what the government intends the legislation to accomplish.

Ontario: Amendments to the Limitations Act

Ontario: Possible removal of limitation periods for sexual assault