In most jurisdictions the usual limitation period for commencing a civil action in tort is 2 years.

Recent amendments to Ontario’s Limitations Act ¹, however, deny any limitation period for:

1. A claim based on sexual assault.
2. If the claim is based on any other misconduct of a sexual nature, if any the following conditions are met:
   1. The abuser was in a position of trust or authority;
   2. The victim was financially, emotionally, physically or otherwise dependent on the other person.
   3. A claim based on assault if at the time of the assault, if the victim and the abuser:
      1. Were in an intimate relationship;
      2. The victim was financially, emotionally, physically or otherwise dependent on the other person.

Alberta amended its limitation statute to the same effect in May of 2017. British Columbia has done the same. ^{2 3} Saskatchewan has also passed the same provision, as has Manitoba. Newfoundland allows for no limitation period for sexual assaults provided that there is a dependent relationship, financial, emotional or physical or a fiduciary context. New Brunswick has no limitation period for claims of sexual assault by s. 14(1) of its statute, as is the case in P.E.I. and in Nova Scotia.

The Nunavut statute and that of the N.W.T. deny the limitation period in this context where the parties had a prior intimate relationship, or was one of trust, or the victim was dependent upon the wrongdoer. If this does not apply, the time clock does not run where the victim is incapable of proceeding with an action due to a physical, mental or psychological condition. This is presumed to be so by the statute, unless the contrary is proven.

The Yukon law has no limitation period.

For the most part, the common law damage awards are considerably more generous than human rights cases. As may considered appropriate, punitive damages may also be awarded. As with human rights decisions, claims may be made for past and future income losses. Unlike human rights jurisprudence, it must be shown that the plaintiff has suffered a serious medical impairment leading to the loss of alternate employment to secure a claim for past and future income losses. This issue is reviewed above.

The same comparison is true for the tort of intentional and negligent infliction, where available, of mental harm.