If a victim charged someone for sexual abuse 40 years ago and the person plead guity. How long does the victim have to file and civil lawsuit?

First, its not a good idea to piggyback your question on another thread. To avoid confusion I've moved your question to its own thread.

I didn't bother to check what the SOL would be for filing a civil suit because it is going to be much less than 40 years. I don't know of anywhere where a civil SOL would be more than 10 years, usually less.

What is the statue of limitation in a civil suite in ontario canada? A victim alleged she was abused 40 years ago. In April 2010 the said victim contacted the police. In may of 2010 the person was arrested. Does the victim have 2 years from the date she contacted the police or the date the person was arrested to file a civil suit against the person?

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Originally Posted by doneve

What is the statue of limitation in a civil suite in ontario canada? A victim alleged she was abused 40 years ago. In april 2010 the said victim contacted the police. In may of 2010 the person was arrested. Does the victim have 2 years from the date she contacted the police or the date the person was arrested to file a civil suit against the person?

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Why no answer yet??

Because your question needs to be noticed by someone with knowledge about the question.

What type of abuse. If the statute of limitations for the crime hasn't expired, then the opportunity for a civil suit may not have expired. On the other hand, If they are not convicted of the abuse the victim will have a hard time pursuing a civil case. And if they are convicted of the abuse, what is the victim going to collect on?

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Originally Posted by ScottGem

Because your question needs to be noticed by someone with knowledge about the question.

What type of abuse. If the statute of limitations for the crime hasn't expired, then the opportunity for a civil suit may not have expired. On the other hand, If they are not convicted of the abuse the victim will have a hard time pursuing a civil case. And if they are convicted of the abuse, what is the victim going to collect on?

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I thought I was speaking with lawyers sorry. My question still not answered I will go elsewhere thanks for your time. I did not think it was just anybody that could answer,

Some of us are lawyers. Others are experienced and knowledgeable about the law. You're asking us to give you legal advice based on very little information. I'm not going to spend my time researching something without more info.

I doubt if you will get any further on a free site.

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Originally Posted by ScottGem

Some of us are lawyers. Others are experienced and knowledgeable about the law. You're asking us to give you legal advice based on very little information. I'm not going to spend my time researching something without more info.

I doubt if you will get any further on a free site.

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It was child abuse and the person plead guilty. The victim was 13 at the time and it now 45. The person plead guilty in nov 2011. The discovery was in 2010.

First, there is no SOL on major crimes in Ontario. And child abuse would be considered a major crime.

Was it sexual abuse? That may make difference. But the answers to your question can be found here

LIMITATIONS ACT, 2002 (Ontario) makes sweeping changes to when and how proceedings must be commenced in Ontario

However, this is not 100% clear. Essentially, it would have to be interpreted by a judge. My reading is that the intent of the law is to allow children who were victims of sexual abuse to bring action even long after the abuse occurred. On the other hand, I would think that it would need to started within 2 years of when he pled guilty. Its possible a court might even start the clock from when the abuse was reported.

The law is not always black and white. Which is why we have judges and lawyers. I'm sorry I can't give you a more definitive answer, but I don't think you will get one without hiring an attorney.

But my advice is, if the victim wants to file a civil suit they should do so as soon as possible. Like right away.

Thanks