First, we are lawyers; we’ve been working with thousands of survivors across Canada for years.

We help those who have been exploited by a person in a position of trust or authority or by someone upon whom they were dependent in an institutional context. We have a trauma-informed team that has worked with thousands of survivors across Canada.

These insights are based on the work we’ve engaged in over the years and feedback we’ve received from clients.

This is often true.   However, many lawyers are unaware of the changes and developments in the law and how those who have been abused can now be helped.

All of this said, it is critical to recognize that we cannot serve everyone. Unfortunately, due to the circumstances of some cases compensation is simply not available.  That said, we invite anyone to contact us to determine if they have a viable claim in which compensation is available.

This is a common myth, and it’s not grounded in how civil claims for child sexual abuse work. In civil cases, the focus is less on the individual abuser and more on the institutions that allowed the abuse to happen. The perpetrator’s death doesn’t change the responsibility of the institution that was supposed to protect you.

Civil suits are about holding those institutions accountable for failing in their duty to keep children safe. The fact that a perpetrator has passed away does not erase the negligence or misconduct of an institution that was aware—or should have been aware—of the abuse. In many cases, the institutions may have failed to report, ignored red flags, or actively covered up the abuse, which is why they are still liable, regardless of the abuser’s status. Even where there is no negligence, the institution may still be found to be vicariously liable because of the institution’s role vis a vis the perpetrator and victim.

This is why cases can still move forward, even if the abuser is no longer alive. Civil law doesn’t require the abuser to face criminal charges, be convicted, or even be alive for the survivor to file a claim. The institution’s failure to protect forms the basis of the legal action.

It simply cannot.

Lawyers who understand the laws but don’t understand the trauma survivors face sometimes view these claims through a simplistic lens. They’re well-meaning but mistaken.
We work in the civil system, where we can seek financial compensation for our clients. This does not change any of the harm done.

However, it does allow us to help our clients rebuild financially and obtain some closure and relief. By holding institutions accountable, we aim to push them to change their practices and stop refusing accountability. We are not here to tell anyone they should pursue a civil claim. We’re here to help those who want to do this.

There is one other benefit: by holding institutions accountable, we hope to make a change and prevent other children from being abused.

Regardless of who you contact, find a law firm with a team of people who understand the sensitive nature of this work. A team that understands the unique trauma faced by survivors of child sex abuse is going to be able to better navigate the legal system and make the process more supportive of the survivor.

This used to be a significant hurdle, but thankfully, most provinces in Canada have removed the statute of limitations for cases involving child sexual abuse. For a long time, survivors were expected to come forward within a very short window of time, which failed to account for the complex trauma that often prevents people from speaking out until years—often decades—later.

Today, the law recognizes that many survivors don’t feel ready to pursue legal action until much later in life. With the statute of limitations eliminated in provinces like Ontario, British Columbia, Alberta and many others, there’s no longer a ticking clock. Survivors can pursue claims regardless of how much time has passed when they are ready.

Also, some lawyers may try to rush you to pursue a claim. There is no ticking clock. Those who have suffered sexual abuse where an institution was responsible for the safety of the children can come forward when they’re ready.

Survivors of child sex abuse face a life riddled with challenges that few can hardly imagine. Our clients have suffered from so many problems stemming from the trauma they endured at a young age. Whether this is an inability to get and keep a job, substance misuse, depression, PTSD, suicidality, or something else, they have faced horrors.

The insurance companies or the actual institution may have often offered sums like $10,000 to compensate for the harm done at the institution for which they provide coverage. At first, this may sound like a lot of money. Except this is often for decades of harm. Not only did the individual face severe psychological and physical pain during the abuse, but they also faced the consequences for decades.

Then, when we file a lawsuit on behalf of our client, these companies offer low amounts because other lawyers have advised their clients to accept them.

Why would a lawyer do that?

We have a lot of strong opinions on this. But to keep it simple, they either don’t know better or don’t know how to fight these claims.

Neither of these is good for survivors. The only winners are the institution where the abuse occurred and the insurance company.

The person who was harmed deserves and needs more to access the resources they need for their healing journey.

Some of our clients have obtained results that dwarf the initial sum put forth by the insurance company.

How is this?

We know how to value and prove these cases.  We collaborate with experts who understand the legal nature of these cases. They assess the details and provide to the courts, on behalf of our client, evidence that demonstrates what amount they should be entitled to. Through this process, we can help get our clients far more compensation.

While lawyers may often say that they know exactly what they’re doing, some law firms focus on getting cases to settle as quickly as possible. This is good for their business operations but bad for the client, especially if it is for small amounts of compensation.

We’ve learned that if we do right by our clients, things work out. It may take us longer, but the outcome is often far better for our client.

Our law firm, Preszler Injury Lawyers, has been proudly representing Canadians with access to justice since 1959. We understand how challenging it can be for you and your loved ones when trying to get your life back together when disabilities are making it difficult or impossible to work.

Our lawyers and legal team work tirelessly to get you the compensation you deserve as well as handling everything we can for you. If and when there’s something we need you to do, we’ll be by your side every step of the way to support you.

With us, you’re never alone.