Nova Scotia Sexual Abuse Lawyers

Section 11 of Nova Scotia’s Limitation of Actions Act, SNS 2014, c 35 says there is no limitation period for a claim based on sexual misconduct. Section 11(3) makes that true of abuse from before 2015 as well. A Nova Scotia sexual abuse lawyer can bring the claim now, against the person and against the institution. The claim does not wait for, or depend on, a criminal case.

The Abuser Is Liable in Battery and the Institution in Negligence

The abuser is liable in battery. The sexual contact itself is the wrong, and no further injury has to be proven for liability. The institution that put the abuser in a position of trust and access is liable in negligence for what it did or failed to do, and vicariously where the abuser’s role created the opportunity. That institution may be a school board, a church or diocese, a youth sports body, a foster or group home, a hospital or a physician’s clinic, or a provincial institution. Nova Scotia has a long record of institutional abuse litigation. The province, the Halifax Regional Centre for Education’s predecessors and several religious orders have paid claims.

The Claim Covers General, Aggravated, Therapy, Earnings and Punitive Damages

The claim covers general damages for the abuse and its effects. Aggravated damages for the humiliation and breach of trust. The cost of therapy past and future. Lost earning capacity where the abuse derailed education or work. Punitive damages against an institution that concealed it. Nova Scotia courts take these claims seriously, and the Supreme Court has made large awards in recent institutional cases.

The Supreme Court Process Protects the Plaintiff’s Identity

We file the claim in the Supreme Court of Nova Scotia. The court can order that the plaintiff be identified by initials, seal the file, and hear evidence in closed court. Discovery examinations happen in a lawyer’s office. Most claims settle, often in a mediation that the defendants’ insurers attend. A Nova Scotia sexual abuse lawyer manages the process so it does not become a second injury. A conviction, if there was one, is admissible and shortens the claim. An acquittal does not end it. The civil standard is lower, and the plaintiff, not the Crown, runs the case.

The Halifax office takes these claims across the province. The first conversation is with a lawyer, in private, at no cost.

The Abuse Was in the 1980S. Is the Claim Still Open?

Yes. Section 11 applies whenever the abuse occurred. Evidence becomes the question, not the deadline. Institutional records often survive longer than people expect.

The Abuser Is Dead.

The claim continues against the estate and, more importantly, against the institution and its insurers, which are usually the real source of recovery.

Will the Defendant Learn My Address?

No. You are identified by initials on the court file where ordered, and your lawyer’s office is the address for service.

Does the Province’s Own Compensation Program Prevent a Lawsuit?

Accepting a settlement under a government program usually includes a release. Before accepting any offer, have the lawsuit valued. The program’s amounts have often been well below what the courts award.

Read suing for sexual assault, which describes the civil process that Nova Scotia shares. The defence side is at Nova Scotia sexual assault defence. Other claim types are under injury law areas.

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 Halifax office opens the file. Contact the firm, or read what the firm can do.