February 28, 2023 – No Limitation Periods on Tort Claims for Assault

“At the outset of trial, as a preliminary matter, the Father argued that the Mother’s tort claim was statute barred. I ruled that it was not because it was based on an alleged assault while the parties were in an “intimate relationship” and/or in a relationship of dependency. According to s. 16(1)(h.2) of the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, no limitation period applies in such circumstances:

16(1) There is no limitation period in respect of,

(h.2)  a proceeding based on an assault if, at the time of the assault, the person with the claim was a minor or any of the following applied with respect to the relationship between the person with the claim and the person who committed the assault:

(i)  they had an intimate relationship,

(ii)  the person with the claim was financially, emotionally, physically or otherwise dependent on the other person.”

          Ahluwalia v. Ahluwalia, 2022 ONSC 1303 (CanLII) at 30

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