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Difference between revisions of "Family Violence"
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→Limitation periods
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In British Columbia, the limitation period for actions based on personal injury — which is what a tort claim based on family violence is — is two years. If your spouse assaulted you on 1 January 2010, you won't be able to <span class="noglossary">advance</span> your claim after 2 January 2012. There are, however, some exceptions to this rule. | In British Columbia, the limitation period for actions based on personal injury — which is what a tort claim based on family violence is — is two years. If your spouse assaulted you on 1 January 2010, you won't be able to <span class="noglossary">advance</span> your claim after 2 January 2012. There are, however, some exceptions to this rule. | ||
*There is no limitation period to claims based on sexual assault, according to s. 3(4)(k)(i) of the provincial ''Limitation Act''. | *There is no limitation period to claims based on sexual assault, according to s. 3(4)(k)(i) of the provincial ''[http://canlii.ca/t/845q Limitation Act]''. | ||
*The limitation period doesn't begin to run until the last incident of violence. | *The limitation period doesn't begin to run until the last incident of violence. | ||
*Because of the 1992 Supreme Court of Canada decision in ''[http://canlii.ca/t/1fs89 K.M. v. H.M.]'', [1992] 3 S.C.R. 6, the limitation period may not begin to run until the person who suffered the family violence makes the connection between the violence and the harm he or she has suffered. | *Because of the 1992 Supreme Court of Canada decision in ''[http://canlii.ca/t/1fs89 K.M. v. H.M.]'', [1992] 3 S.C.R. 6, the limitation period may not begin to run until the person who suffered the family violence makes the connection between the violence and the harm he or she has suffered. | ||