Sex Abuse Lawyers & Sex Assault Lawyers - Toronto

Our Ontario sexual abuse and sexual assault lawyers offer victims of sexual assault, rape and abuse skilled and respectful guidance and representation in civil lawsuits based on our long record of success in obtaining fair compensation for harms and losses caused by both historical and contemporary sexual abuse.

Persons who, as children, teenagers and/or adults, are the victims of sexual abuse have the right to sue their abusers and, if applicable, the institutions or organizations that placed these abusers in a position to abuse them.  The right to claim compensation through the civil courts is a remedy that is distinct from pursuing an abuser though the criminal courts, or through other available legal channels.

The institutions or organizations that may be responsible for paying compensation where abuse has occurred are many.  They include employers of all kinds (small and large, private and public), churches and religious institutions of all denominations, school boards, private schools, camps and care and residential facilities for children and adults, including those with disabilities.

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Compensation for sexual assault or sexual abuse aims to put a victim back in the position he or she would have been in had the abuse not occurred.  While it is never possible, though money alone, to remedy such a serious abuse of power and betrayal of trust as sexual abuse, the courts have recognized that victims of such abuse must be compensated.  The compensation most commonly awarded to abuse victims covers the following:

• Pain and suffering and loss of enjoyment of life;
• The humiliating and degrading circumstances of the abuse;
• Past and/or future therapy and counselling costs; and
• Past and/or future income loss attributable to the abuse.

In some instances, the civil courts will also award what are called “punitive damages”.  This is money awarded to victims of sexual abuse that is specifically intended to punish the abuser for his or her serious misconduct.

Courts across Canada have repeatedly recognized the serious and often devastating and long term nature of the harms caused by sexual abuse.  This recognition is clear from comments made by judges, such as the following:

“We speak of concepts like pain and suffering, loss of enjoyment of life, and emotional scarring. It is difficult to compare injuries suffered in a motor vehicle negligence action with the injuries suffered by the victim of a brutal rape. There is no scale upon which one can weigh the severity of the injuries to a person who suffers permanent physical injury because of the unintentional negligence of a stranger against the severity of the emotional injuries suffered by a victim of brutal violation of her private person against her will by a person who had been a trusted friend. The injuries are so different in their nature and effect that it seems inappropriate to attempt to compare them.”

— M.C. v. F.M. (1991), 46 C.P.C. (2d) 254 (Ont. Gen. Div.) per Keenan J. at 264

“It is hard to imagine a greater affront to human dignity than non-consensual sexual intercourse.”

— Norberg v. Wynrib, [1992] 2 S.C.R. 226 per La Forest J. at 265

“The damages wrought by incest are peculiarly complex and devastating, often manifesting themselves slowly and imperceptibly….”

— M. (K.) v. M. (H.), [1992] 3 S.C.R. 6 per La Forest J. at 17

“It cannot be forgotten that a sexual assault is very different from other assaults. It is true that it, like all other forms of assault, is an act of violence. Yet it is something more than a simple act of violence…. It is an assault upon human dignity….”

— R. v. Osolin, [1993] 4 S.C.R. 595 per Cory J. at 669

“By definition, a sexual assault deprives the victim of her dignity, her self-respect, her sense of self-confidence and leaves her fearful of places where she had previously found safety and solace.”

— S. (J.) v. Clement (1995), 122 D.L.R. (4th) 449 (Ont. Gen. Div.) per Lang J. at 520

“To assess damages for the psychological impact of sexual abuse on a particular person is like trying to estimate the depth of the ocean by looking at the surface of the water.”

— Y.(S.) v. C.(F.G.) (1996), 26 B.C.L.R. (3d) 155 (C.A.) per Macfarlane J.A. at para. 55

“Rape is unlike any other sort of injury incurred by accident or neglect.  Survivors of rape must bear social stigmatization which accident victims do not. Rape is not about sex; it is about anger, it is about power and it is about control. It is … “an overwhelming life event.” It is a form of violence intended to create terror, to dominate, to control and to humiliate. It is an act of hostility and aggression. Forced sexual intercourse is inherently violent and profoundly degrading.”

— Jane Doe v. Metropolitan Toronto (Municipality) Commissioners of Police (1998), 39 O.R. (3d) 487 (Gen. Div.) per MacFarland J. at 532 

Noteworthy trial decisions awarded the following compensation for the victims’ pain and suffering and the humiliating and degrading circumstances of the sexual abuse they suffered (additional amounts were awarded in other areas):

• Doe v. O’Dell – 2003 Ontario Superior Court of Justice decision awarding $175,000 to a man who, at approximately age 12, was repeatedly sexually assaulted by a priest.
• Waters v. Bains – 2008 British Columbia Supreme Court decision awarding $325,000 to a woman who had endured more than ten years of sexual abuse, starting at age 8, by her uncle.
• Evans v. Sproule – 2008 Ontario Superior Court decision awarding $150,000 to a woman who, as a young adult, was sexually assaulted on one occasion by a police officer.  The assault did not include any genital contact.
• C.C.B. v. I.B. – 2009 British Columbia Supreme Court decision awarding $250,000 to a woman who was sexually abused by her father between the ages of 5 and 9.

Elizabth Grace is an experienced lawyer representing victims of abuse.  See Elizabeth Grace’s recent article in Chatelaine magazine for the trend to higher compensation awards in sexual abuse cases.

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A civil lawsuit can not only yield compensation for harms attributable to sexual assault and abuse, but when handled by a lawyer experienced in the area of abuse who brings passion, creativity and sensitivity to the task at hand, it can also bring a sense of empowerment, vindication and closure for the victim.

If a claim is historical in nature – i.e., it happened many years ago, such as in childhood or adolescence – it is particularly important not to delay obtaining legal advice about your options because there may be limitation periods that apply to bar a claim for compensation.

To help you navigate through the different legal channels available to victims of sexual assault or abuse, contact recommended abuse lawyer Elizabeth Grace who leads a team experienced in the area of sexual assault and sexual abuse.  Elizabeth has devoted a significant portion of her legal practice over the past almost two decades to the abuse area.  Elizabeth has been involved in abuse lawsuits involving large, medium and small-sized institutions, including many public and private organizations, religious institutions of various denominations, professionals like teachers, lawyers, and dentists, and numerous individuals such as family members and neighbours.

Elizabeth is the co-author of the leading Canadian legal text in the area of sexual abuse, Civil Liability for Sexual Abuse and Violence in Canada (2000: Butterworths), as well as other publications in the abuse area, and is a frequent speaker at conferences dealing with abuse-related issues.  She has advocated before all levels of court as well as before various administrative tribunals.  She frequently assists clients whose cases involve criminal and civil court processes as well as other legal processes, such as the Ontario government-run criminal injuries compensation system, human rights applications and professional disciplinary hearings.

 Free consultation form (click here) .

Examples of clients whom Elizabeth and her team have successfully represented include:

• Male victims of childhood sexual abuse committed by a priest and Boy Scout leader;
• Male and female victims of sexual abuse committed when they were children by persons in positions of power at Indian residential school facilities, a school for the blind, and various public and private schools;
• Female and male victims of sexual and physical abuse who, as adults, experienced abuse in various employment, housing and caregiving contexts; and
• Female and male victims of childhood sexual abuse committed by relatives, friends and neighbours.

For an example of the public recognition that Elizabeth’s work and cases have received, see the magazine article “Judgment call”.

Elizabeth will ensure you receive a prompt initial consultation regarding your matter at no charge so that you can understand what options you have for recourse in relation to the sexual abuse or sexual assault you have suffered.

 Free consultation form (click here) . 

Our Ontario sex abuse and sex assault lawyers offer victims respect and experienced guidance based upon our record for success in obtaining fair compensation for injuries and losses in sex abuse, sex assault and other abuse cases.  Offering flexible payment structures (including contingency fee/do not pay unless you win).  Providing services to Toronto, Scarborough, Whitby, Oshawa, Ajax, Pickering, Port Perry, scugog, kawartha, Lindsay, Kitchener, Mississauga, Richmond Hill, Markham, Thornhill, Vaughan, GTA and beyond.

Our lawyers have handled church abuse cases, including claims and abuse, assault lawsuits against priests and clergy, as well as cases against institutions and individuals.