FAQs
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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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What should I expect during the civil lawsuit process for sexual abuse?
Understanding the civil lawsuit process can help ease anxiety and provide clarity. While every case is unique, the process generally follows these key stages, all managed by your lawyer to ensure you are supported throughout:
1. Initial Consultation
The journey begins when you contact our team for a free, confidential consultation. This is a safe space to share your story, ask questions, and explore your legal options without any obligation to proceed.
2. Filing the Statement of Claim
If you choose to move forward, your lawyer will draft and file a "Statement of Claim." This document outlines the allegations and the compensation you’re seeking. Once filed, it is served to the defendant(s), officially starting the lawsuit.
3. Discovery Phase
This is often the longest stage. Both sides exchange evidence, including documents and records. A key part is the "Examination for Discovery," where you answer questions under oath from the opposing lawyer. Your lawyer will be present to support you and ensure fairness. This typically occurs in a private setting, not a courtroom.
4. Mediation and Settlement Negotiations
Most cases are resolved before trial. Mediation involves a neutral third party helping both sides reach a settlement. Your lawyer will lead negotiations to secure a fair outcome that acknowledges your suffering.
5. Pre-Trial Conference
If mediation fails, a pre-trial conference with a judge may be held to address unresolved issues and attempt a final settlement.
6. Trial
If no settlement is reached, the case proceeds to trial. Your lawyer will present your case to a judge (and sometimes a jury), who will make the final decision.
At Jellinek Ellis Gluckstein Lawyers, we understand the emotional challenges of this process. Our team of sexual abuse lawyers is dedicated to providing compassionate support and strong legal representation, ensuring your voice is heard and your rights are protected every step of the way.
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What compensation can I receive from a civil lawsuit for sexual abuse?
Filing a civil lawsuit for sexual abuse is not only about seeking justice but also about securing financial compensation, or "damages," to help you rebuild your life. This compensation acknowledges the profound impact the abuse has had on your emotional, physical, and financial well-being.
Types of Compensation in Civil Lawsuits:
General Damages (Non-Pecuniary):
These damages compensate for pain, suffering, and loss of enjoyment of life. They recognize the emotional, psychological, and physical trauma you’ve endured.Special Damages (Pecuniary):
These cover specific financial losses, including:- Cost of Care: Therapy, counseling, medication, and other treatments.
- Lost Income: Wages lost due to an inability to work.
- Future Earning Capacity: Compensation for reduced ability to earn income in the future.
Aggravated Damages:
Awarded when the abuser’s conduct was particularly malicious or outrageous, causing additional humiliation or distress.Punitive Damages:
These are meant to punish the defendant for egregious behavior and deter similar actions, rather than compensate the survivor.
Factors Influencing Compensation:
The amount awarded depends on the severity and duration of the abuse, its impact on your life, and the evidence presented.
Jellinek Ellis Gluckstein Lawyers Can Help.
Our experienced team of sexual abuse lawyers works closely with you and experts to fully understand and quantify the harm you’ve suffered. We are dedicated to building a strong case to ensure you receive the maximum compensation to support your recovery and future well-being.
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How can Jellinek Ellis Gluckstein help survivors of sexual abuse in Toronto and Ontario?
At Jellinek Ellis Gluckstein, we are committed to supporting survivors of sexual abuse on their journey to justice and healing. Our role goes beyond legal representation, offering compassionate and comprehensive support tailored to your unique needs. Here’s how we can help:
1. Safe and Confidential Consultation
Your journey begins when you contact us for a free, no-obligation consultation in a safe and compassionate environment. We listen without judgment, providing a confidential space for you to share your story when you’re ready. Our team will clearly explain your legal rights and options.
2. Expert Legal Guidance and Strategy
As one of Ontario’s leading sexual abuse law firms, we have extensive experience holding individuals and institutions accountable. We help you file a civil lawsuit to seek compensation for pain and suffering, lost income, and therapy costs. Our proven track record includes cases against schools, religious institutions, hospitals, and more.
3. Managing the Legal Process
The legal system can feel overwhelming, but we handle every aspect of your case, from filing claims to negotiating with defence lawyers and insurers. We manage paperwork, deadlines, and communications, shielding you from unnecessary stress while protecting your rights.
4. Access to Trauma Support Professionals
Healing involves more than legal action. We connect you with trusted psychologists, therapists, and trauma recovery specialists to support your well-being throughout the process and beyond.
5. Unwavering Advocacy
Whether negotiating a settlement or representing you in court, we are your strongest advocates. Our goal is to secure the compensation you deserve, ensure your voice is heard, and hold those responsible accountable.
At Jellinek Ellis Gluckstein, we are here to empower you every step of the way, ensuring your pursuit of justice is met with dignity and respect.
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What legal options are available for survivors of clergy abuse in Ontario?
If you are a survivor of clergy abuse, it’s important to know that Ontario’s legal system provides pathways to hold both the individual abuser and the responsible institution accountable. Clergy abuse represents a profound betrayal of trust, and the law recognizes the significant harm it causes.
Filing a Civil Lawsuit.
Civil lawsuits for clergy abuse focus on obtaining financial compensation for the trauma and suffering endured. These lawsuits can target:
The Individual Abuser
You can file a lawsuit directly against the clergy member—such as a priest, minister, or rabbi—who committed the abuse, holding them personally accountable for their actions.The Religious Institution
Religious organizations, such as dioceses, churches, or orders, have a duty to protect their members. A lawsuit can hold them accountable for:- Negligence: Failing to screen candidates, ignoring complaints, or lacking policies to prevent abuse.
- Vicarious Liability: Being responsible for wrongful acts committed by clergy within their duties.
- "Passing the Trash": Moving abusive clergy to new parishes without warning the community, putting others at risk.
No Time Limit for Filing.
Ontario law allows survivors to file a civil claim for sexual abuse at any time, regardless of how many years have passed.
Confronting a powerful institution requires experienced legal representation. At Jellinek Ellis Gluckstein Lawyers, we specialize in clergy abuse cases, understanding the unique challenges survivors face. Our compassionate team is dedicated to guiding you through this process, ensuring your voice is heard and securing the justice and compensation you deserve. Contact us today to learn more.
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Can I sue for sexual abuse that happened years ago in Ontario?
In Ontario there is no time limit for filing a civil lawsuit for sexual abuse or assault. Survivors can seek justice and compensation regardless of how much time has passed since the abuse occurred.
Why Is There No Time Limit?
The law recognizes the profound and lasting impact of trauma. Survivors often face significant barriers, such as fear, shame, or psychological distress, that delay coming forward. By removing the statute of limitations, Ontario ensures that survivors can pursue justice whenever they are ready, even decades later.
This means you can file a lawsuit for abuse that:
- Happened during childhood, even if you are now an adult or senior.
- Occurred decades ago in institutions like schools, churches, or youth organizations.
- Was only recently connected to your current struggles.
What Does This Mean for Your Case?
With no time restrictions, you can file a civil claim against:
- The perpetrator: To hold them personally accountable.
- Institutions: Such as schools, religious organizations, or youth groups that failed to protect you.
While historical cases of sexual abuse can present challenges, such as faded memories or missing evidence, specialized legal representation can overcome these obstacles.
How Jellinek Ellis Gluckstein Lawyers Can Help.
Our experienced sexual abuse lawyers understand the complexities of historical claims. We work to locate archived records, trace witnesses, and build strong cases, all while providing compassionate support. At Jellinek Ellis Gluckstein Lawyers, we are committed to helping you seek justice and the compensation you deserve, no matter how long ago the abuse occurred. Contact us today to learn more about how we can help.
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How can a sexual abuse lawyer help me with my case?
Navigating the legal system after experiencing sexual abuse can feel overwhelming, but a dedicated sexual abuse lawyer in Ontario is more than just a legal representative, they are your guide, advocate, and protector. Their role is to ease the legal burden so you can focus on your healing.
Confidential and Safe Consultation.
Your journey begins when you contact our team for a free, no-obligation consultation in a safe, compassionate environment. A skilled lawyer will listen to your story, validate your experience, and clearly explain your legal rights and options.
Managing Legal Complexities.
Filing a lawsuit involves strict procedures, deadlines, and legal documents. Your lawyer will handle every detail, from drafting claims to managing correspondence, ensuring the process is professional and stress-free.
Thorough Investigation.
A lawyer will investigate your case meticulously, identifying liable parties, gathering evidence, and interviewing witnesses to build a strong foundation for your claim.
Building a Case for Compensation.
Your lawyer will collaborate with experts, such as therapists and financial analysts, to calculate damages, including pain and suffering, lost income, and future care costs, ensuring your case reflects the full extent of harm endured.
Acting as Your Shield.
To minimize emotional strain, your lawyer will handle all communications and negotiations with the opposing side, protecting you from direct contact.
Navigating Negotiations and Court.
Most cases settle through negotiation, but if necessary, your lawyer will represent you powerfully in court.
At Jellinek Ellis Gluckstein Lawyers, we combine legal expertise with compassion, standing by your side every step of the way. We are committed to ensuring your voice is heard and your pursuit of justice is handled with dignity and respect.
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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 holdboth 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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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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How long do you have to press charges for sexual assault in Canada?
Unlike other crimes or cases of civil liability, there is no statute of limitations for sexual assault cases in Ontario. Even if the assault occurred decades ago, you can still pursue criminal charges or other avenues for justice. -
How long does a sexual assault investigation take in Ontario?
A sexual assault investigation can take anywhere from a few months to a few years depending on the circumstances, the number of parties involved, and what legal avenue a sexual assault survivor chooses. -
What is the process of a sexual assault case?
A sexual assault survivor has many options for how to proceed. They may:
- Bring the case to police for a criminal investigation;
- File a human rights complaint;
- Lodge a complaint with a professional disciplinary body that the perpetrator belongs to;
- Seek emergency funding from Ontario’s Victim Quick Response Program; or
- File a civil claim.
A sexual assault lawyer at Gluckstein Personal Injury Lawyers will carefully explain each of these options and steps involved so you can make an informed decision.
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What is considered institutional sexual abuse?
If sexual abuse has been committed against someone who is owed a duty of care by a public or private institution, it can be considered institutional sexual abuse. The abuse can be committed by someone in a position of institutional leadership or another person receiving the services of the institution. Although the institution may not have committed the sexual abuse or known about it, if their negligent actions or inaction caused or contributed to the circumstances that allowed it to take place, the institution may share liability.
Some examples of institutions where cases of sexual abuse have taken place include:- Residential schools;
- Foster homes and group homes;
- Day schools;
- Daycare;
- Hospitals;
- Nursing homes;
- Religious centres;
- Youth sport activities and clubs;
- Seniors residences;
- Assisted living centres;
- Youth corrections facilities;
- Jails and prisons.
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What is considered historical sexual assault?
Historic sexual assault or historic sexual abuse are terms to refer to actions that occurred in the distant past. In these cases there may no longer be any physical evidence of the events, but testimony from the survivor can still be persuasive to a court. -
Is sexual assault a violation of human rights?
Yes. Sexual assault is a form of sexual harassment under Ontario’s Human Rights Code.
You can lodge a complaint through the Human Rights Legal Support Centre if the sexual assault occurred in relation to:- Employment relationships;
- Accommodation/housing;
- Providing goods and services or access to facilities;
- Creating contracts; and/or
- Membership in professional associations or trade unions.
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Is there a time limit to report a sexual assault to the police?
There is no set time for reporting a sexual assault. The police will begin by taking a statement from you and will then start to collect evidence. If there is enough evidence, the police will lay charges. It is important for any survivor to understand that even if the police do not lay charges, it does not mean they do not believe you. Rather, there may not be enough evidence to proceed within criminal court.
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What is involved in filing a sexual assault lawsuit?
For some survivors, choosing to sue is the right choice. Beginning a lawsuit is a big decision. The process can take a few years and you will have to tell your story several times to different people. You may also need to undergo various medical or psychological assessments.
A lawsuit can be a painful process, but it can also be a positive, healing experience. You may receive compensation to help as you move on with your life. Perhaps most importantly, a survivor can regain a sense of power and control in suing the perpetrator(s).
Choosing the right lawyer to help you is an important factor to consider. A lawyer with experience in the area of civil sexual abuse can help you understand the law, and consider all the factors individual to your case. -
What is sexual assault?
Sexual assault is any form of non-consensual sexual contact. Sexual assault can happen to anyone at any time. Offenders can be family members, caregivers, teachers, coaches, childcare workers, medical or other professionals, clergy, or total strangers. Sexual assault is a crime of violence. If you have been assaulted, no matter who did it or when it happened, it was not your fault.
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What will legal action cost? What will I have to pay?
Generally, there are no costs to our clients throughout the course of litigation. Our firm carries the cost of litigation and any disbursements. When your matter is resolved either through settlement or at trial, our firm will take a portion of the settlement for our fees and disbursements. Our lawyers will explain the retainer and fee arrangements clearly at the initial consultation. We believe that you should not need to be independently wealthy to access justice for harm caused to you.
Confidentiality
At Jellinek Ellis Gluckstein Lawyers, we recognize and respect the sensitivity of personal information.
Understandably, you may have concerns about your privacy. We can take steps to protect your privacy, even in court, by beginning your case with your initials instead of your name.
Taking that first step to contact a law firm to discuss how you were hurt by sexual abuse can be challenging, but when that call is made to Jellinek Ellis Gluckstein you can trust it will be received with all the compassion, professionalism and respect that you need and deserve.