No. A civil lawsuit is completely separate from the criminal justice system. You have the right to sue the person who harmed you whether or not criminal charges were laid, or even if you never filed a police report. The two processes have different goals and different standards of proof.

A criminal case is brought by the state (the Crown Attorney) against the accused. Its purpose is to punish the offender with penalties like jail time or probation. The burden of proof is very high: “beyond a reasonable doubt.”

A civil lawsuit is brought by the survivor against the person or institution responsible for the harm. Its purpose is to obtain financial compensation (damages) for the survivor. The burden of proof is lower: “on a balance of probabilities,” meaning it is more likely than not that the assault occurred.

We understand that financial concerns should not be a barrier to justice. Our firm, like many personal injury firms in Ontario, works on a contingency fee basis. This means you do not pay any legal fees unless we win your case. Your initial consultation is always free and completely confidential.

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Compensation, or “damages,” is intended to acknowledge the profound harm you have suffered and provide resources for your recovery. It can include funds for:

• Pain, suffering, and loss of enjoyment of life
• Past and future costs of therapy, counseling, and medical care
• Past and future income loss
• In some cases, punitive damages to punish the wrongdoer

Protecting your privacy is one of our top priorities. The Ontario court system has powerful tools to protect a survivor’s identity. We can secure publication bans, sealing orders, and file the lawsuit using a pseudonym (e.g., “Jane Doe”) to shield your identity from the public record.

Yes. The law in Ontario explicitly recognizes the challenges faced by survivors of childhood abuse. The standard limitation periods generally do not apply to abuse that occurred when you were a minor. It is never too late to explore your legal options for harm you endured as a child.

Unlike in a criminal case, you do not need to prove your case “beyond a reasonable doubt.” In a civil claim, your own testimony is powerful evidence. It can be supported by other things like witness statements, medical records, psychological reports, journals, emails, or text messages. The court decides based on what is more likely to be true than not.

While every case is unique, the general process includes:

1. A free, confidential consultation with our team.
2. If you decide to proceed, we gather evidence to build your case.
3. We file a Statement of Claim with the court.
4. A process called “discovery,” where parties exchange information.
5. Most cases are resolved through a negotiated settlement at mediation. If a settlement cannot be reached, we will be prepared to take your case to trial.

We will guide you through every step, ensuring you are informed and in control.

Yes. In many cases, institutions can be held legally responsible for the abuse. This is known as vicarious liability. If a school, workplace, religious institution, or sports organization was negligent in its duty to protect you or failed to prevent the abuse, it may be held accountable alongside the individual abuser.

While “sexual assault” is the specific legal term used in the Canadian Criminal Code, in a civil lawsuit the terms are often used interchangeably. Generally, “sexual assault” can refer to any form of non-consensual sexual contact, from unwanted touching to rape. “Sexual abuse” is often used to describe a pattern of assaults or a situation involving a significant power imbalance, such as abuse by a person in a position of trust or authority (e.g., a doctor, coach, or family member), especially when it involves a minor. For the purposes of your civil claim, any unwanted sexual contact that has caused you harm can be grounds for a lawsuit.

This is a very common situation, and it does not prevent you from having a strong case. In a civil lawsuit, your testimony is the most critical piece of evidence. The court will assess your credibility and the circumstances of the assault. Your account can be supported by other evidence, such as your own journals, text messages or emails, and testimony from friends or family who noticed changes in your behaviour after the assault. Remember, the standard of proof is a “balance of probabilities,” not “beyond a reasonable doubt.”

Yes, you may still have a path to compensation. While it can be difficult to collect damages from an individual with no assets, they are often not the only responsible party. Our investigation will explore if any institution—such as an employer, school, sports organization, or church—was negligent in their duty to protect you. These organizations typically have insurance policies that can cover the damages awarded in a lawsuit.

The vast majority of civil sexual assault cases in Ontario are resolved through a negotiated settlement long before a trial is necessary. This means it is unlikely you will have to testify in a public courtroom. If your case does proceed to pre-trial steps like an Examination for Discovery, you may be in the same facility as your abuser, but you will not be alone. Your lawyer will be by your side to protect and guide you through the process, and measures can be taken to ensure your safety and comfort.

This is a very common and important question. In Ontario, the standard two-year limitation period for personal injury claims often does not apply to cases of sexual assault or abuse. The law recognizes that it can take survivors a long time to come forward. Do not assume it is too late to seek justice. The best way to understand the specific timeline that applies to your situation is to speak with a lawyer.