Anonymous

Difference between revisions of "Civil Claims and Family Violence"

From Clicklaw Wikibooks
m
Line 50: Line 50:
A ''limitation period'' is a deadline by which a claim must be made and an action started. If there is an applicable limitation period, once it is expired you cannot make the claim. For assaults involving people whose relationship is not personal or one of dependency, the limitation period is generally two years after the incident.
A ''limitation period'' is a deadline by which a claim must be made and an action started. If there is an applicable limitation period, once it is expired you cannot make the claim. For assaults involving people whose relationship is not personal or one of dependency, the limitation period is generally two years after the incident.


There is not likely any limitation period that applies to violence between spouses or parents and children.  
There is not likely any limitation period that applies to violence between spouses or between parents and children.  


Under (s. 3 (1)) of the provincial ''[http://canlii.ca/t/8qx3 Limitation Act]'' there is no limitation period to claims based on sexual misconduct.
Under s.3(1) of the provincial ''[http://canlii.ca/t/8qx3 Limitation Act]'', there is no limitation period to claims based on sexual misconduct.


Similarly, there is no limitation period on claims relating to non-sexual assault if the claimant was a minor or living in a personal or dependency relationship (s. 3 (i) (k)).  
Similarly, there is no limitation period on claims relating to non-sexual assault if the claimant was a minor or living in a personal or dependency relationship s.3(i)(k).


==Awards==
==Awards==