Elizabeth Grace's Archive

Lerners Partner Urges PEI Legislature to adopt Non-disclosure Agreements Act

On November 4, 2021, a private member’s bill entitled “Non-disclosure Agreements Act” was introduced in the PEI Legislative Assembly by opposition MLA, Lynne Lund. If enacted into law, this will limit the use of confidentiality and non-disclosure requirements in agreements that settle sexual abuse and harassment cases. The #MeToo movement exposed how prevalent these requirements […]...Read More

Proud Sponsor of 2021 Spirit of Schlifer: Our Interview with Deepa Mattoo

Our lawyers Elizabeth Grace and Carly Moore chat with Deepa Mattoo, Executive Director of the Barbra Schlifer Commemorative Clinic to learn more about the clinic and the Spirit of Schlifer campaign.  Watch the full interview below, then head over to the clinic’s website to donate!     About the Barbra Schlifer Commemorative Clinic The Barbra […]...Read More

Death Knell of Limitations Defence in Sexual Assault, Courtesy of Harvey Weinstein

I don’t understand why, but I continue to see Statements of Defence that plead limitations defences in sexual abuse cases.  Lawyers for institutional and individual defendants alike don’t seem willing to let go of an antiquated defence that no longer has any validity in Ontario. It is now five years since significant amendments were made […]...Read More

SCC won’t hear case involving vicarious liability for sex assault

It’s unfortunate that the Supreme Court of Canada (SCC) will not hear a case dealing with whether to attach legal responsibility to a cab company when a driver engages in sexual misconduct against a passenger, Toronto civil sexual abuse lawyer Elizabeth Grace tells AdvocateDaily.com. “With the recent public attention being directed at the issue of sexual harassment and […]...Read More

Canada’s Highest Court Delivers Wake-up Call on Child Sexual Abuse UPDATED

The Supreme Court of Canada has spoken out about the pervasiveness of child sexual abuse and the profound harms it causes, and has implored those involved in the justice system to treat this problem with more care and sensitivity.  In R. v. Friesen, 2020 SCC 9, a case involving a young victim of sexual offences, […]...Read More

Pre-judgment Interest Developments in the Historical Sexual Abuse Context

Pre-judgment interest (“PJI”) on damages in historical sexual abuse cases involving plaintiffs who seek compensation for wrongs perpetrated against them years and sometimes decades earlier has long been a contentious issue. At what point in time should interest start to accrue, and at what rate? Two recent Ontario court decisions involving adult plaintiffs suing for […]...Read More

Lower Threshold for Proving Income Loss in Cases Involving Childhood Sexual Abuse and Injury

The Ontario Court of Appeal in its October 25, 2019 decision in MacLeod v. Marshall, 2019 ONCA 842 has clarified that when a minor is injured and later, in adulthood, sues for compensation, they need not prove their past loss of income on the usual balance of probabilities standard. Instead, because at the time of […]...Read More

Land Mark Ruling in Sexual Assault – Ontario Court Confirms No ‘CAP’ On Damages For Pain and Suffering

Concluding the sexual abuse and its impacts were “at the upper end of the worst-case scale”, an Ontario court has awarded a plaintiff $400,000 for non-pecuniary damages: D.S. v. Quesnelle, 2019 ONSC 3230. From ages 5 to 10, the plaintiff had endured horrendous weekly sexual assaults by his stepfather. In making this award for pain […]...Read More

Vicarious liability in sexual abuse cases lagging in Canada?

While the doctrine of vicarious liability is one of the more powerful legal tools to deter and prevent sexual misconduct because it targets employers and organizations, Canada is arguably falling behind other jurisdictions in its application, says Toronto civil sexual abuse lawyer Elizabeth Grace. This judge-made doctrine holds organizations accountable for both the negligent and intentional […]...Read More

Sexual abuse by Chaplain Keith Gleed, an Anglican priest, at Lakefield College School

Prince Andrew wanted to memorialize his friend and former chaplain at Lakefield College School, Father Keith Gleed. The resulting tribute prompted victims of Father Keith Gleed’s sexual abuse to finally break their silence. Read the full Maclean’s article....Read More

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