Elizabeth K.P. Grace

Elizabeth K.P. Grace

Lerners LLP

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Violation of Human Rights May Now Yield Additional Remedies in Abuse Cases

Ontario’s human rights legislation underwent various amendments in 2008. For the first time, a court deciding a civil lawsuit was allowed to order remedies for violation of human rights protected under the Human Rights Code....more

1/30/2014 - Canada Discrimination Human Rights Sexual Abuse Sexual Assault

Lawyers call for higher damages in civil sexual assault cases

As a lawyer who regularly represents victims of sexual abuse, I was interviewed by Law Times about the quantum of damages awarded to successful plaintiffs in civil claims for sexual assault and sexual abuse. While the courts...more

10/18/2013 - Aggravated Damages Canada Damages Sexual Abuse Sexual Assault

Sexual assault: Why are court cases brought so long afterwards?

On February 7, 2012, Gordon Stuckless a former assistant equipment manager at Maple Leaf Gardens, was charged with six more counts of indecent assault against young boys in a historical sexual assault case. You may remember...more

2/11/2013 - Child Abuse Damages Sexual Abuse Sexual Assault

Confidentiality of Settlements in Sexual Abuse Cases - Necessary Evil or Positive?

In the past several years, confidentiality clauses in settlement agreements, or what are sometimes called “gag orders”, have been the subject of well-deserved scrutiny in sexual abuse cases resolved by way of out-of-court...more

2/1/2013 - Confidentiality Agreements Settlement Sexual Abuse Sexual Assault

What defences may apply to a sexual assault claim? – Part 2

This is the second of a two-part series on defences to claims for compensation based on sexual assault. This second part deals with what I call “technical-legal” defences. These are defences that operate irrespective of...more

10/31/2012 - Defences Immunity Limitation Periods Sexual Abuse Sexual Assault

What defences may apply to a sexual assault claim? – Part 1

This is the first of a two-part series on defences in claims for compensation based on sexual abuse. When compensation is claimed in a civil lawsuit based on sexual abuse, there are various defences that may be asserted in...more

9/25/2012 - Consent Defences Sexual Abuse Sexual Assault

I was sexually assaulted. How do I start a lawsuit for sexual abuse?

A civil lawsuit for compensation, which is also known as an “action”, is typically started by way of a formal court document called a “Statement of Claim”. This document is “issued” by the court, which stamps it and assigns a...more

8/2/2012 - Sexual Assault Statement of Claims Statement of Defence

Compensation Awards in Sexual Assault Cases - Case Summary #3

K.M.M. v. Roman Catholic Episcopal Corp. of the Diocese of London in Ontario, 2011 ONSC Starting when she was 7 years old, the plaintiff was repeatedly sexually abused by her parish priest, Father Charles Sylvestre. The...more

6/29/2012 - Loss of Income Out-of-Pocket Expenses Pain and Suffering Religion Sexual Abuse Sexual Assault

Compensation Awards in Sexual Assault Cases - Case Summary #2

M.B. v. 2014052 Ontario Ltd. (Deluxe Windows of Canada), 2012 ONCA 135 M.B. moved to Canada in 2002 and began working at Deluxe Windows of Canada (“Deluxe Windows”) in December 2003 as a commissioned salesperson. She...more

6/14/2012 - Aggravated Damages Appeals Employer Liability Issues Medical Expenses Pain and Suffering Sexual Assault

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