Is there a limitation period for suing for sexual assault in Ontario?

Ontario has eliminated the limitation period for civil claims arising from sexual assault and other specified sexual misconduct in certain circumstances. Under the Limitations Act, 2002, the exemptions are precise: a claim based on sexual assault has no limitation period at all, in any circumstances (s. 16 (1) (h)); claims based on other misconduct of a sexual nature, or on assault, have no limitation period where the claimant was a minor at the time or where the specified relationship conditions — such as dependency, a position of trust, or an intimate relationship — applied (s. 16 (1) (h.1), (h.2)).

This change reflects legislative recognition that survivors of sexual violence often take many years to be ready and able to bring a legal claim, particularly when the perpetrator was a person they trusted or depended on. Courts have also developed a nuanced understanding of the psychological barriers to earlier disclosure.

For claims that fall outside these categories — adult claimants not in a dependent relationship with the perpetrator — the standard two-year discoverability rule under the Limitations Act, 2002 may still apply, though courts interpret it generously in the context of trauma and delayed psychological discovery of harm. Because the rules are sensitive to the specific facts of each situation, survivors considering a civil claim are encouraged to speak with a lawyer who has experience in this area. Treadstone Law can assist in assessing whether a claim is still viable and within time.