School is supposed to be a safe place to learn and grow. Unfortunately, sexual abuse does occur in schools and perpetrators can include teachers, those in administration (principals and vice principals), guidance counsellors, and educational assistants.  

Those who have experienced sexual abuse at school 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.  

Often, those who have experienced sexual abuse at school 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 student 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. 

Educational 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, schools 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.