{"id":407,"date":"2016-04-15T18:01:32","date_gmt":"2016-04-15T22:01:32","guid":{"rendered":"http:\/\/limitations.ca\/?p=407"},"modified":"2018-03-12T19:35:46","modified_gmt":"2018-03-12T23:35:46","slug":"ontario-amendments-to-the-limitations-act","status":"publish","type":"post","link":"http:\/\/limitations.ca\/?p=407","title":{"rendered":"Ontario: Amendments to the Limitations Act"},"content":{"rendered":"

Bill 132<\/a>, which abolishes the limitation period for sexual assault, received royal assent on March 8.\u00a0 These are the amendments it made to the Limitations Act:<\/p>\n

SCHEDULE 2
\nLIMITATIONS ACT, 2002<\/strong><\/p>\n

    \n
  1. Subsection 7 (4) [incapable persons<\/span>] of the\u00a0Limitations Act, 2002<\/em>\u00a0is repealed. <\/strong><\/li>\n
  2. Section 10 [assaults and sexual assaults<\/span>] of the Act is repealed.<\/strong><\/li>\n
  3. Subsection 15 (5) [ultimate limitation period<\/span>] of the Act is amended by striking out \u201cSubject to section 10\u201d at the beginning.<\/strong><\/li>\n
  4. (1)\u00a0\u00a0Clause 16 (1) (h) [no limitation period for proceedings arising from sexual assault in certain circumstances<\/span>] of the Act is repealed and the following substituted:<\/strong><\/li>\n<\/ol>\n

    (h)\u00a0 a proceeding based on a sexual assault;<\/p>\n

    (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:<\/p>\n

    (i)\u00a0 the other person had charge of the person with the claim,<\/p>\n

    (ii)\u00a0 the other person was in a position of trust or authority in relation to the person with the claim,<\/p>\n

    (iii)\u00a0 the person with the claim was financially, emotionally, physically or otherwise dependent on the other person;<\/p>\n

    (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:<\/p>\n

    (i)\u00a0 they had an intimate relationship,<\/p>\n

    (ii)\u00a0 the person with the claim was financially, emotionally, physically or otherwise dependent on the other person;<\/p>\n

    \u00a0\u00a0 (2)\u00a0\u00a0Section 16 of the Act is amended by adding the following subsections:<\/strong><\/p>\n

    Same<\/strong><\/p>\n

    (1.1)\u00a0\u00a0Clauses (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).<\/p>\n

    Same<\/strong><\/p>\n

    (1.2)\u00a0\u00a0Subsection (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<\/em>\u00a0came into force, unless the proceeding,<\/p>\n

    (a)\u00a0 was dismissed by a court and no further appeal is available; or<\/p>\n

    (b)\u00a0 was settled by the parties and the settlement is legally binding.<\/p>\n

    Same<\/strong><\/p>\n

    (1.3)\u00a0\u00a0For 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.<\/p>\n

      \n
    1. (1)\u00a0\u00a0Subsection 24 (2) [transition provisions<\/span>] of the Act is amended by adding \u201cSubject to subsection (2.1)\u201d at the beginning.<\/strong><\/li>\n<\/ol>\n

      \u00a0\u00a0 (2)\u00a0\u00a0Section 24 of the Act is amended by adding the following subsection:<\/strong><\/p>\n

      Exception<\/strong><\/p>\n

      (2.1)\u00a0\u00a0This section does not apply to a claim in respect of which clause 16 (1) (h), (h.1) or (h.2) applies.<\/p>\n

      \u00a0\u00a0 (3)\u00a0\u00a0Subsection 24 (7) of the Act is repealed.<\/strong><\/p>\n

      Commencement<\/strong><\/p>\n

        \n
      1. This Schedule comes into force on the day the\u00a0Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016<\/em>\u00a0receives Royal Assent.<\/strong><\/li>\n<\/ol>\n

         <\/p><\/blockquote>\n

        We previously wrote\u00a0about some of the potential issues<\/a> arising from these amendments.<\/p>\n","protected":false},"excerpt":{"rendered":"

        Bill 132, which abolishes the limitation period for sexual assault, received royal assent on March 8.\u00a0 These are the amendments it made to the Limitations Act: SCHEDULE 2 LIMITATIONS ACT, 2002 Subsection 7 (4) [incapable persons] of the\u00a0Limitations Act, 2002\u00a0is repealed. Section 10 [assaults and sexual assaults] of the Act is repealed. Subsection 15 (5) … Continue reading Ontario: Amendments to the Limitations Act<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[218,24,168,216,435,138,214,213,217],"class_list":["post-407","post","type-post","status-publish","format-standard","hentry","category-ontario","tag-change-is-uncomfortable","tag-ontario-act","tag-ontario-act-s-10","tag-ontario-act-s-155","tag-ontario-act-s-161h-1","tag-ontario-act-s-161h","tag-ontario-act-s-24","tag-ontario-act-s-74","tag-sexual-assault"],"_links":{"self":[{"href":"http:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/posts\/407","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/limitations.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=407"}],"version-history":[{"count":2,"href":"http:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/posts\/407\/revisions"}],"predecessor-version":[{"id":409,"href":"http:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/posts\/407\/revisions\/409"}],"wp:attachment":[{"href":"http:\/\/limitations.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=407"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/limitations.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=407"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/limitations.ca\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=407"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}