Difference between revisions of "Civil Claims and Family Violence"

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==Limitation periods==
==Limitation periods==


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 a court action commenced. If there is an applicable limitation period for a claim, and if it has expired, you cannot make that claim anymore. 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 between parents and children.
Under s.3(1) of the provincial ''[http://canlii.ca/t/8qx3 Limitation Act]'', there is no limitation period for a number of claims, including:
 
* claims relating to sexual assault (for anyone),
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.
* claims relating to assault, battery or misconduct of a sexual nature while the claimant was a minor,
 
* claims relating to assault or battery while the claimant was an adult living in an intimate and personal relationship (or had a relationship of financial, emotional, physical, or other dependency) with a person who performed, contributed to, consented to, or acquiesced in the assault or battery.
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==

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