Stay informed with the LNN Daily Newsletter

Alberta to end time limit on civil suits around sexual or domestic violence

Mar 7, 2017 | 4:43 PM

EDMONTON –    Alberta is changing the rules to give victims of sexual and domestic violence more time to sue their abusers in civil court.

Justice Minister Kathleen Ganley has introduced legislation (Bill 2)  that will end the current two-year time limitation on filing lawsuits to recover lost wages, other expenses or for pain and suffering.

Instead, there will be no time limit to filing a lawsuit, and the legislation will be retroactive.

Ganley says victims endure profound emotional distress and need time to heal before making such far-reaching decisions such as whether to go to court.

The new rules will apply to sexual assault, sexual misconduct, and assault on children, dependents and partners.

The civil process is independent of the judicial one in that a judge rules on the balance of probabilities rather than on guilt beyond a reasonable doubt.

Eliminating limitation periods for sexual assault would put Alberta in line with most provinces. However, Alberta would lead the nation in addressing sexual misconduct in intimate relationships, as no other jurisdiction in Canada expressly states this in legislation.