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

For survivors of institutional abuse in Ontario, the legal system provides two main avenues to seek justice and hold

both the abuser and the organization accountable. These can be pursued separately or simultaneously:

1. The Criminal Justice System

This pathway focuses on holding the individual abuser accountable for their criminal acts.

  • How to Start: Report the abuse to the police, who will investigate your claim.
  • What to Expect: If sufficient evidence is found, criminal charges will be laid, and a Crown Attorney will prosecute the case in court.
  • Your Role: As a survivor, your testimony is key, but the Crown Attorney controls the prosecution.
  • The Goal: To prove guilt “beyond a reasonable doubt,” potentially leading to a conviction and sentencing. There is no time limit to report sexual assault in Canada.

2. The Civil Justice System (Filing a Lawsuit)

This pathway allows you to seek monetary compensation and hold the institution accountable.

  • How to Start: Hire a lawyer specializing in sexual abuse cases to file a lawsuit. You can sue the abuser and the institution (e.g., school, hospital, or sports organization).
  • What to Expect: The lawsuit will argue the institution was negligent, such as through poor hiring practices, inadequate supervision, or concealing abuse.
  • Your Role: As the plaintiff, you and your lawyer control the strategy, including settlement negotiations or trial.
  • The Goal: To prove liability on a “balance of probabilities” and secure compensation for pain, suffering, lost income, and therapy costs. There is no time limit to file a civil lawsuit for sexual assault in Ontario.

Understanding these options is the first step. Our team of experienced sexual abuse lawyers at Jellinek Ellis Gluckstein Lawyers are here to help you navigate the process and determine the best path forward. Contact us to learn more. 

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FAQs.

What legal options are available for survivors of Boy Scout abuse in Ontario?
Survivors of abuse in the Boy Scouts or Scouts Canada can pursue justice through two legal paths in Ontario: report the abuser to police for a criminal case or file a civil lawsuit against the abuser and Scouts organization for financial compensation. Both options can be pursued simultaneously.
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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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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 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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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 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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