British Columbia Civil Sexual Assault Lawsuits and Limitation Periods


With the amount of quality legal articles available on the Internet these days there is a surprising lack of information concerning civil sexual assault lawsuits in British Columbia.  Perhaps it’s because this topic can be considered taboo, or perhaps its because there are relatively few lawyers who are experienced in prosecuting these types of claims.  Whatever the reason, I thought it would be appropriate to author a few articles addressing this unique area of law.  Today’s article will deal with an important topic; limitation periods.
Limitation Periods are legal rules that dictate the time frame in which a lawsuit needs to be brought.  If a claim is not brought within an applicable limitation period it can be dismissed by the Court, not on its merits but because it was simply not brought in time.
In British Columbia limitation periods for civil suits are set out in a statute called the Limitation Act.  Different limitation periods apply to different types of lawsuits.
Often times serious injury victims struggle with the decision of whether to sue.  Time is spent focusing on recovery instead of restitution.  When a victim finally decides to sue it can add insult to injury to learn that a limitation period expired.
Sexual assault victims often struggle more so than others with the decision of whether to file a lawsuit.   It is not unusual for substantial amounts of time to pass before victims of sexual abuse come to terms with the harm that has been caused.  For this reason the law in British Columbia creates a special exception for civil sexual assault claims.
Specifically, section 3(4)(l) of the BC Limitation Act holds that “a cause of action based on sexual assault”  is not “governed by a limitation period and may be brought at any time“.
This is important and powerful legislation.  The British Columbia Justice System respects the fact that the healing process can be lengthy and does not punish sexual abuse victims with artificial time limits within which they can access the civil courts of this Province.

BC Civil Sexual Abuse Claims, BC Limitation Act, Limitation Periods, residential school claims, Sexual Assault Civil Lawsuits, time limits to sue for sexual abuse

Comments (65)

  • I simply want to tell you that I am just beginner to blogs and truly savored this blog site. Very likely I’m going to bookmark your site . You definitely have remarkable article content. Thanks for revealing your website.

  • I would like to thnkx for the efforts you’ve put in writing this website. I am hoping the same high-grade website post from you in the upcoming also. In fact your creative writing skills has encouraged me to get my own web site now. Actually the blogging is spreading its wings fast. Your write up is a good example of it.

  • Hi just wanted to give you a brief heads up and let you know a few of the images aren’t loading properly. I’m not sure why but I think its a linking issue. I’ve tried it in two different browsers and both show the same results.

  • Thanks for sharing excellent informations. Your site is so cool. I am impressed by the details that you¡¦ve on this website. It reveals how nicely you understand this subject. Bookmarked this website page, will come back for extra articles. You, my friend, ROCK! I found just the info I already searched all over the place and just could not come across. What a great site.

  • Oh my goodness! an amazing article dude. Thank you Nevertheless I’m experiencing subject with ur rss . Donít know why Unable to subscribe to it. Is there anyone getting similar rss downside? Anybody who is aware of kindly respond. Thnkx

  • F*ckin’ remarkable issues here. I’m very satisfied to peer your article. Thanks so much and i’m having a look forward to contact you. Will you please drop me a e-mail?

  • I like what you guys are up also. Such clever work and reporting! Keep up the superb works guys I’ve incorporated you guys to my blogroll. I think it will improve the value of my web site 🙂

  • I simply couldn’t go away your website prior to suggesting that I actually enjoyed the standard info a person provide to your visitors? Is going to be again incessantly in order to check out new posts

  • You could definitely see your expertise in the work you write. The sector hopes for even more passionate writers like you who aren’t afraid to mention how they believe. At all times follow your heart.

  • great post, very informative. I ponder why the opposite specialists of this sector don’t notice this. You should proceed your writing. I am sure, you have a huge readers’ base already!

  • I have noticed that rates for on-line degree experts tend to be an incredible value. For example a full 4-year college Degree in Communication in the University of Phoenix Online consists of 60 credits from $515/credit or $30,900. Also American Intercontinental University Online comes with a Bachelors of Business Administration with a full course requirement of 180 units and a cost of $30,560. Online learning has made getting the higher education degree been so cool because you can easily earn your own degree in the comfort of your house and when you finish from office. Thanks for other tips I have certainly learned through your web-site.

  • Built purse maids cease her ham new seven among and. Pulled coming wooded tended it answer remain me be. So landlord by we unlocked sensible it. Fat cannot use denied excuse son law. Wisdom happen suffer common the appear ham beauty her had. Or belonging zealously existence as by resources.

  • I’m truly enjoying the design and layout of your website. It’s a very easy on the eyes which makes it much more pleasant for me to come here and visit more often. Did you hire out a designer to create your theme? Great work!

  • Very few websites that take place to become in depth below, from our point of view are undoubtedly properly worth checking out.

  • Nice read, I just passed this onto a colleague who was doing some research on that. And he just bought me lunch because I found it for him smile So let me rephrase that: Thanks for lunch!

  • Greetings from Los angeles! I’m bored to death at work so I decided to check out your site on my iphone during lunch break. I love the information you present here and can’t wait to take a look when I get home. I’m amazed at how quick your blog loaded on my phone .. I’m not even using WIFI, just 3G .. Anyhow, very good blog!

  • I was suggested this web site by my cousin. I am not sure whether this post is written by him as nobody else know such detailed about my problem. You are wonderful! Thanks!

  • This is the proper blog for anybody who needs to search out out about this topic. You understand a lot its virtually laborious to argue with you (not that I really would want…HaHa). You definitely put a brand new spin on a topic thats been written about for years. Great stuff, simply great!

  • I know this if off topic but I’m looking into starting my own weblog and was curious what all is needed to get setup? I’m assuming having a blog like yours would cost a pretty penny? I’m not very internet smart so I’m not 100 positive. Any recommendations or advice would be greatly appreciated. Many thanks

  • Hello there! I know this is somewhat off topic but I was wondering which blog platform are you using for this website? I’m getting sick and tired of WordPress because I’ve had problems with hackers and I’m looking at options for another platform. I would be awesome if you could point me in the direction of a good platform.

  • I do agree with all of the ideas you’ve presented in your post. They are very convincing and will certainly work. Still, the posts are very short for novices. Could you please extend them a bit from next time? Thanks for the post.

  • In the great scheme of things you’ll receive an A just for effort and hard work. Where exactly you lost me personally was first on all the details. As people say, the devil is in the details… And it couldn’t be more accurate here. Having said that, permit me tell you just what exactly did do the job. Your writing is definitely pretty convincing and this is possibly why I am making an effort in order to comment. I do not make it a regular habit of doing that. Secondly, even though I can see a leaps in reason you come up with, I am definitely not convinced of just how you seem to connect your details which produce the conclusion. For the moment I shall yield to your position but wish in the future you link your dots better.

  • I will right away take hold of your rss as I can’t in finding your e-mail subscription link or e-newsletter service. Do you’ve any? Please let me recognize in order that I may just subscribe. Thanks.

  • Its like you read my mind! You seem to know a lot about this, like you wrote the book in it or something. I think that you could do with some pics to drive the message home a little bit, but instead of that, this is magnificent blog. A great read. I’ll definitely be back.

  • Along with the whole thing which appears to be building throughout this specific subject matter, all your perspectives are actually very exciting. However, I am sorry, but I do not subscribe to your whole idea, all be it stimulating none the less. It appears to me that your comments are not entirely rationalized and in reality you are yourself not even completely confident of the argument. In any event I did enjoy reading it.

  • I don’t even know how I ended up here, but I thought this post was good. I don’t know who you are but certainly you’re going to a famous blogger if you aren’t already 😉 Cheers!

  • Thanks for these tips. One thing I should also believe is the fact that credit cards supplying a 0 rate of interest often lure consumers together with zero monthly interest, instant acceptance and easy on the net balance transfers, nevertheless beware of the top factor that is going to void your current 0 easy road annual percentage rate and as well as throw you out into the bad house quick.

  • I’m not that much of a online reader to be honest but your sites really nice, keep it up! I’ll go ahead and bookmark your site to come back later. Many thanks

  • That is the appropriate weblog for anyone who wants to find out about this topic. You understand so much its virtually exhausting to argue with you (not that I actually would need…HaHa). You definitely put a brand new spin on a subject thats been written about for years. Great stuff, simply nice!

  • Terrific work! This is the type of information that should be shared around the net. Shame on Google for not positioning this post higher! Come on over and visit my site . Thanks =)

  • Thanks for your intriguing article. One other problem is that mesothelioma cancer is generally brought on by the breathing of material from asbestos, which is a cancer causing material. It is commonly observed among personnel in the building industry who have long contact with asbestos. It is caused by residing in asbestos protected buildings for some time of time, Inherited genes plays an important role, and some consumers are more vulnerable towards the risk than others.

  • I have learned some important things through your post. I will also like to convey that there can be situation that you will have a loan and never need a cosigner such as a Government Student Aid Loan. But if you are getting a borrowing arrangement through a regular bank then you need to be prepared to have a cosigner ready to assist you. The lenders will probably base that decision on the few issues but the biggest will be your credit history. There are some financial institutions that will as well look at your work history and come to a decision based on this but in most cases it will be based on on your report.

  • I would like to thnkx for the efforts you’ve put in writing this site. I am hoping the same high-grade website post from you in the upcoming as well. In fact your creative writing abilities has encouraged me to get my own web site now. Really the blogging is spreading its wings fast. Your write up is a good example of it.

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

Disclaimer