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Limitations Act - No Limitations (2).X.H. v. Cota
In X.H. v. Cota (Ont CA, 2022) the Court of Appeal held that the abolition of limitations for sexual misconduct claims [Limitations Act s.16(1)(h-h.1)] did not only apply to third parties:[5] .... First, he argues that s. 16(1.3) applies only to claims against third parties. We disagree.
[6] This argument proceeds from a misreading of the decision in Jane Doe v. Weinstein, 2018 ONSC 1126 and of s. 16(1.3), which provides:(1.3) For greater certainty, clauses (1)(h), (h.1) and (h.2) are not limited in any way with respect to the claims that may be made in the proceeding in relation to the applicable act, which may include claims for negligence, for breach of fiduciary or any other duty or for vicarious liability. [7] This section makes plain that no limitation period applies to any claim in relation to the sexual misconduct. Jane Doe applied but did not limit the application of the s. 16(1.3) to third parties. It applies to claims against the perpetrator of the sexual misconduct as well as third parties.
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