New Brunswick Sexual Abuse Lawyers

A survivor of sexual abuse in New Brunswick can sue, no matter how long ago it happened. The Limitation of Actions Act, SNB 2009, c L-8.5 sets no limitation period for a claim based on sexual assault, or on sexual misconduct against a child or a person who was dependent on the wrongdoer. A New Brunswick sexual abuse lawyer brings the claim against the person who did it and, where one enabled it, the institution behind them.

The Abuser and the Institution Behind Them Can Both Be Sued

The abuser, for battery, which needs no proof of injury beyond the act itself. The institution, for its own negligence in hiring, supervising or ignoring warnings, and under vicarious liability where the abuser’s role gave them the power and access that made the abuse possible. A school, a church, a sports organisation, a foster placement, a care home, a coach or a doctor can each be sued on that basis. An institution’s insurer is usually the source of the recovery, and an institution that has since closed may still have coverage.

The Claim Covers the Psychological Injury, Treatment, Lost Career and Aggravated Damages

Damages for the abuse itself and for what followed. The psychological injury, the treatment past and future, the education and career that were derailed, the relationships that were damaged. Aggravated damages where the conduct was especially degrading, punitive damages where an institution covered it up. The New Brunswick courts have made large awards in institutional abuse claims, and the province itself has settled claims arising from its own institutions.

The Civil Claim Does Not Depend on a Charge or a Conviction

They are independent. A civil claim can proceed without a charge, after an acquittal, or alongside a prosecution, because the civil standard is a balance of probabilities and the plaintiff controls the case. A conviction, when there is one, is powerful evidence and shortens the civil proceeding.

The Court of King’s Bench Can Seal the File and Use Initials

The claim is filed in the Court of King’s Bench of New Brunswick, Trial Division. The court can order that the claimant be identified by initials, that the file be sealed, and that the courtroom be closed for parts of the evidence. Discovery examinations happen in a lawyer’s office, not a courtroom. Most claims settle before trial. A New Brunswick sexual abuse lawyer’s job includes keeping the client out of any step of the process that can be run without them.

The Moncton office takes these claims across the province. First conversations are with a lawyer, in private, and cost nothing.

It Happened Thirty Years Ago. Can a New Brunswick Sexual Abuse Lawyer Still Sue?

Yes. The Act removed the limitation period for these claims, and it applies to abuse that happened before the change. Witnesses and records get harder to find with time. The right to sue does not expire.

I Do Not Want the Abuser to Know Where I Live Now.

The claim can be brought with a lawyer’s office as your address and with your name replaced by initials on the public record. The abuser learns that a claim exists; they do not get your whereabouts.

The Organisation No Longer Exists.

Its insurer may. We trace successor organisations, dioceses, provincial governments and their insurers and name them as defendants. That search is part of every one of these claims.

Will I Have to Testify?

Most claims settle. If one goes to trial, the court can order a screen, a closed courtroom or a support person beside you. We tell you what each step involves before it happens.

Read the firm’s guide to suing for sexual assault in New Brunswick. Other claim types are under injury law areas. The criminal defence side of these cases is at New Brunswick sexual assault defence.

No Fee Unless the Claim Resolves

The first call is free and a lawyer takes it. There is no fee unless the claim resolves. The Moncton office opens the file. Contact the firm, or read what the firm can do.