Many children participate in extra-curricular and sports programs while growing up.  These programs are supposed to be safe, well-administered, and fun. Examples of extra-curricular and sports programs include Big Brothers & Sisters, Scouts, Girl Guides, Baseball Leagues, Hockey Leagues, Soccer Leagues and so on.  Many religious institutions also have programs for young parishioners. 

Unfortunately, sexual abuse does occur in extracurricular and sports programs.  Perpetrators can include coaches, counsellors, mentors, and volunteers.  Those who have experienced sexual abuse in such programs often face difficulties over the course of their lives.  Their personal relationships and educational and employment paths can be disrupted.  They may struggle with substance abuse issues. Often, survivors choose to explore a lawsuit later in their life when they come to process the impact of abuse that occurred many years before.  

Many who have experienced sexual abuse in extracurricular and sports programs struggle to overcome the effect of grooming that may have taken place and allowed the abuse to occur.  Grooming is a process whereby an abuser slowly gains the trust of the participant and then abuses that trust to exploit and abuse. Overcoming the psychological harm caused by grooming can be difficult and many survivors face lifelong challenges in finding trust in relationships. 

Extracurricular and sports organizations and institutions can be found liable for sexual abuse in certain cases either due to negligence or based on the doctrine of vicarious liability.  Under vicarious liability, organizations can be held responsible for assaults committed by employees or representatives, even if the institution was not directly at fault.  The Courts have held that where an employee or representative’s actions are authorized or are closely connected to the duties they are providing for the institution, the institution can be held liable.

In Ontario, section 16 of the Limitations Act provides that there is no limitation period for cases involving sexual abuse.  The absence of a limitation period acknowledges that, for many survivors, it can take many years to fully process trauma and recognize the fully impact on one’s life.