If I was assaulted in 1977, in Ontario, Canada, and in 1997 approx., the offender was charged/convicted (of a one year conditional sentence) criminally, has my statute of limitations regarding rape run out? In the civil law suit I'm now involved in, one of the defendents (being the Crown Attorney) is stating my statute of limitations has run out. Is this true? I started the civil law suit against the Crown in approx. 1998, as soon as the offender received a conditional sentence.

Jennifer Purdy

If you are suing the Crown Attorney, it sounds to me that you are not suing for the crime itself, but possibly due to the outcome?? If so, it seems that in Ontario any tort law that has a statute of limitations is based on two years (http://www.duhaime.org/LegalDictiona...itations.aspx), so you should be good (you became aware of the "wrong" in 1998, and sued directly afterwards. You're suing the CA so it seems it's not so much for the assault (at least against the CA) as for the handling of it. At any rate, even though tort law does offer a two year statute of limitations, that is often easily overcome if the plaintiff can demonstrate to the judge that it is only right that the two-year period be disregarded (as it would not serve justice to blindly follow that time limit). I'm interested in your case, though... as I'm about to sue some police who mishandled my case, and would love to sue a certain Kingston CA who really messed up my case. However my lawyers have said that CAs are pretty much cloaked in immunity. If you feel comfortable telling me, could you please let me know what you're suing the CA for? Thank you very much, we might both learn from this!
At any rate, hope my answer helps you.