Institutional sexual abuse cases involve situations where an individual has been sexually abused while under the care or supervision of an institution.  Examples of institutions include Children’s Aid Societies, Religious Institutions, Medical Facilities, Children’s Programs and Sports Programs.  

Perpetrators can include foster parents, priests, nurses, coaches, counsellors, mentors, and volunteers.  Those who have experienced sexual abuse while under the care or supervision of an institution 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.  

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, institutions 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.