Personal Injury

Sexual Abuse Lawyers in Atlantic Canada

A cabinet in the firm's heritage Moncton office

All four Atlantic provinces have removed the limitation period for civil claims based on sexual misconduct. A survivor can sue the person who did it and the institution that put them in a position to do it, whenever the abuse happened. A sexual abuse lawyer at this firm brings these claims in each province, in private, and without depending on a criminal case.

Every Province Holds the Abuser Liable in Battery and the Institution in Negligence

The abuser is liable in battery. The sexual contact is the wrong. The institution, whether a school board, a church or diocese, a sports body, a foster or group home, a hospital or a provincial institution, is liable in negligence for what it did or failed to do, and vicariously where the abuser’s role created the access. The institution’s insurer is usually where the recovery comes from, and a closed institution may still have coverage. Damages cover the abuse and its effects, aggravated damages for the breach of trust, therapy, lost earning capacity, and punitive damages where an institution concealed what it knew. The superior court in each province can order initials on the public record, seal the file and close the courtroom. A conviction is admissible and helps. An acquittal does not end the claim, because the civil standard is lower and the plaintiff controls the case.

Each Province Removed Its Limitation Period by Its Own Statute

Newfoundland and Labrador removed its limitation period first, in the Limitations Act, s. 8(2), and its court decisions became the leading national law on institutional liability. Nova Scotia’s s. 11 and New Brunswick’s Limitation of Actions Act followed. Prince Edward Island amended its Statute of Limitations to the same effect, and we confirm the current wording on each Island file. Provincial compensation programs exist in some provinces for some institutions. We review any release signed under one before valuing a claim.

Each Province Has Its Own Sexual Abuse Page

The First Conversation with a Sexual Abuse Lawyer

It is with a lawyer, in private, at no cost. Nothing gets filed without your decision. Whether to report to the police is your choice and we support it either way.

Will the Abuser Learn Where I Live?

No. Your lawyer’s office is the address for service, and the court can order initials on the public file.

Read suing for sexual assault. The defence side of these cases is at sexual assault defence. Every claim type is 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, and the firm carries the records and expert costs through the life of the claim. Contact the firm, or read what the firm can do.