What legal options are available for survivors of Boy Scout abuse in Ontario?

If you are a survivor of abuse within the Boy Scouts or Scouts Canada, you have legal rights in Ontario to seek justice and accountability. Two main legal pathways are available, which can be pursued independently or at the same time:

1. The Criminal Justice System

This pathway focuses on prosecuting the individual abuser for their criminal actions.

  • How It Begins: Report the abuse to the police. There are no time limits for reporting sexual assault in Canada.
  • The Process: Police investigate your claim. If sufficient evidence is found, criminal charges are laid, and a Crown Attorney prosecutes the case in court.
  • Your Role: As the survivor, your testimony is vital, but decisions about the case are made by the police and Crown Attorney.
  • The Goal: To prove guilt “beyond a reasonable doubt,” potentially leading to penalties like jail time.

2. The Civil Justice System

This pathway allows you to seek financial compensation for the harm you’ve suffered.

  • How It Begins: Hire a lawyer specializing in sexual abuse cases to file a lawsuit. You can sue the abuser and the organization, such as Scouts Canada, for negligence.
  • The Process: The lawsuit argues the organization failed to protect you through negligent hiring, poor supervision, or ignoring prior complaints. The case may involve settlement discussions or go to trial.
  • Your Role: As the plaintiff, you control the lawsuit with your lawyer’s guidance.
  • The Goal: To prove liability on a “balance of probabilities” and secure compensation for pain, suffering, lost income, and therapy costs.

Ontario has no time limits for filing civil lawsuits related to sexual abuse. Consulting an experienced sexual abuse lawyer can help you navigate these options and determine the best path forward.

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FAQs.

What should I expect during the civil lawsuit process for sexual abuse?
The civil lawsuit process for sexual abuse includes a consultation, filing a claim, and discovery (information exchange). Many cases settle through negotiation or mediation, but some proceed to trial. Jellinek Ellis Gluckstein Lawyers will guide and support you through every step of the process.
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What compensation can I receive from a civil lawsuit for sexual abuse?
In Ontario, survivors of sexual abuse can seek financial compensation through a civil lawsuit. This includes coverage for therapy, lost income, and non-economic losses like pain and emotional distress. A skilled sexual abuse lawyer can help you understand your rights and secure a fair settlement for your recovery.
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How can Jellinek Ellis Gluckstein help survivors of sexual abuse in Toronto and Ontario?
Jellinek Ellis Gluckstein Lawyers offers compassionate legal support for sexual abuse survivors. Our experienced team guides you through filing a civil lawsuit, handles all communications, and connects you with essential resources, so you can focus on healing while we fight for the justice and compensation you deserve.
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What legal options are available for survivors of clergy abuse in Ontario?
Survivors of clergy abuse in Ontario can file civil lawsuits against both the abuser and the institution for negligence. Jellinek Ellis Gluckstein Lawyers provide compassionate guidance to help secure justice and financial compensation for the trauma endured.
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Can I sue for sexual abuse that happened years ago in Ontario?
Yes, in Ontario, there is no time limit for filing a civil lawsuit for sexual abuse. You can seek justice and compensation for past abuse, no matter how long ago it occurred. A compassionate lawyer can guide you through the process of pursuing a historical claim.
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How can a sexual abuse lawyer help me with my case?
A sexual abuse lawyer supports survivors by managing civil claims, explaining rights, gathering evidence, and handling communications. The team at Jellinek Ellis Gluckstein Lawyers provides expert guidance, protects against re-traumatization, and fights for justice and compensation with compassion and dedication.
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What legal options are available for survivors of institutional abuse in Ontario?
Survivors of institutional abuse in Ontario can pursue two legal options: report to police for a criminal case or file a civil lawsuit for financial compensation against the abuser and negligent institution (such as a school, hospital, or care facility.) These paths are separate and can be pursued at the same time.
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What constitutes teacher sexual abuse?

Teacher sexual abuse involves any form of sexual misconduct, harassment, or exploitation perpetrated by a teacher towards a student. This can include inappropriate behavior, grooming, assault, or any unwanted sexual advances.

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Can schools be held liable for teacher sexual abuse?

In some cases, a school board may also be found vicariously liable for sexual abuse committed by a teacher (i.e. the school board would be held responsible for the misconduct and abuse committed by the teacher, even if the school board did not know of the abuse.)

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If I'm a member of the Crown Ward Class Action case, can I still sue for the sexual abuse I suffered while in the care of Children's Aid?

Yes, you can. Since the Crown Ward Class Action case is only against the Ontario government for its failure to pursue legal action, you are still able to sue Children's Aid for the sexual abuse that happened to you while in its care.

You might be entitled to compensation through both the class action as well as your individual lawsuit. One does not prevent the other. 

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