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« on: January 20, 2003, 01:21:00 AM »
5 yr limitation periods? That's atrocious in the land of the free. It's understandable to some degree in civil suits, and, guess what, N of the border the trend is also to decrease limitation periods, especially since NAFTA. I wonder if there's a link?
Anyway, my apologies to FueLaw. What I find absolutely incredible is that you would have 5 year limitations in criminal matters! (in Canada it's 2 years on misdemeanours, but on felonies, no limits)
At the same time, I wonder FueLaw, if there is anything that could support survivors bringing lawsuits by what must be the enourmous number of lawsuits being brought against the Catholic Church in the recent sexual abuse cases.
I understand that in most States the age of majority is 21. In most of Canada it is 18. At the same time, in tort law a cause of action essentially arises when the damage is felt... eg post traumatic stress syndrome may not be felt until (say) a nervous breakdown 10 years later. Moreover, in most Canadian jurisdictions, the five years does not start to run until the age of majority is reached. Hence... you're abused at age 15-16, where the age of majority is 21 you should theoretically, if the same principles apply, be able to sue up to the age of 26. HOWEVER -- if you are not aware that you are suffering from PTSD until you are diagnosed at age 26, theoretically, if the same principles apply you may still have a cause of action until you are 31.
It's tough to prove, I know, and with the current world climate it's clear that civil liberties are taking a beating. But know that we're rooting for you and there has to be light at the end of this American nightmare.
One thing is... if you are afraid of defamation suits... truth, both north and south of the border is the absolute defence.
Peace.