• Can I sue if there were no witnesses?

    Yes. We will work with you to establish and build your credibility and use other evidence to support facts that are important to your story.

  • If I received settlement money from the class action, can I still file an abuse claim?

    Yes. The class action is solely related to cultural losses, not individual losses, or harm from physical, emotional, or sexual abuse.

  • Can I sue if my abuser has passed away?

    Yes, under certain circumstances. If the abuser’s death occurred within the past two years you are still eligible to launch a claim against their estate. You may also sue at any time if an institution was involved. If the abuser was someone other than a survivor’s parents, a lawsuit is often still possible, but there may be more complications.

  • Can I pursue a civil claim if the police were not notified of the abuse or if a criminal case was dismissed or resulted in a not guilty verdict?

    Yes. Civil abuse claims are distinct from criminal proceedings. The burden of proof is lower in a civil lawsuit than it is in criminal court.

  • If the abuse happened a long time ago, can I still sue?

    Yes. There is no statute of limitation for harms caused by sexual assault, abuse of a minor, or sexual misconduct involving a minor. Historical sexual abuse cases can still succeed even if they happened many years ago. Our firm has represented many survivors who were abused decades ago.

  • 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.

  • 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.
  • 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.
  • 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.