How does the statute of limitation apply to sexual assault cases?

Ontario, Canada


The following excerpt is from Piedrahita v. Brad, 2022 ONSC 1850 (CanLII):

The expiry of a limitation period gives rise to presumptive prejudice, the strength of which increases with the passage of time. Further, where the presumption arises, the plaintiff bears the burden of rebutting the presumption, on proper evidence, and where the onus is displaced, the onus shifts to the defendant to establish actual prejudice: Wellwood v. Ontario Provincial Police et. al, 2010 ONCA 386 at para. 60.

Other Questions


What is the current sentencing range for an assault where the accused has pleaded guilty to a charge of assault, assault and sexual assault? (Ontario, Canada)
How has the Court treated sexual assault and indecent assault cases? (Ontario, Canada)
What is the test for obtaining medical records and sexual activity records in a sexual assault case? (Ontario, Canada)
What is the test for establishing a permissive prima facie case in a sexual assault case? (Ontario, Canada)
What is the appropriate sentence for a sexual assault case where the accused assaulted a 16 year old girl? (Ontario, Canada)
What is the case law in favour of protecting the identity of victims in sexual assault cases? (Ontario, Canada)
What is the appropriate sentence for a conviction of sexual interference in a sexual assault case? (Ontario, Canada)
What is the test for an application to amend the limitation period in a sexual assault case? (Ontario, Canada)
In what circumstances will a court sentence an offender who sexually assaulted a 15 year old girl who was sexually assaulted by friends of her parents who plied her victim with alcohol? (Ontario, Canada)
Is the limitation defence used in a sexual assault case? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.