Toronto Institutional Abuse Lawyer
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Table of Contents
Institutional abuse happens when an individual or group of individuals are neglected or mistreated within an organization or care setting. It can take many different forms, depending on the processes, practices, structures, and perpetrators within the organization. Some examples of institutional abuse include:
- Inappropriate confinement or restraint
- Ignoring a person or group’s right to independence, dignity, or choice
- Deprived living conditions
- Inappropriate assertion of power or control
- Neglectful medical treatments
- Physical abuse
- Sexual abuse
- Verbal abuse
- And more
Victims of institutional abuse are often part of vulnerable populations, such as children, adolescents, people with disabilities, the elderly, the incarcerated, or financially unstable individuals.
Unfortunately, the emotional trauma of surviving institutional abuse can last a lifetime. Survivors may develop serious mental or physical health conditions that persist for years or decades after the abuse ends. Adult victims of past institutional abuse have a higher prevalence of illegal drug use, binge drinking, poor physical health, and self-reported mental health issues than non-victims. They are also twice as likely to be the victims of violence and/or intimate partner or spousal abuse than adults who were not victimized.
People who have been subject to institutional abuse have a right to seek compensation for the effects it has had on their lives. At Preszler Injury Lawyers, our Toronto institutional abuse lawyers are dedicated to helping victims who have suffered physical abuse, sexual abuse, verbal abuse, neglect, or other mistreatment at the hands of an organization pursue legal action. To discuss your experiences with our legal team and find out what kind of legal claim you may be eligible for, schedule a free, confidential consultation at our firm today.
Understanding Institutional Abuse in Toronto
Institutional abuse often takes place when an abuser holds a position of authority over a victim and exploits the imbalance of power that exists to enact harm. Institutions may neglect to hold abusers appropriately accountable when they do so, thereby becoming complicit in the abuse themselves.
Examples of institutions or organizations where abuse takes place (or has taken place) in Ontario include:
- Schools
- Religious organizations
- Sports teams or organizations
- Camps or extracurricular groups
- Residential schools
- Correctional facilities and jails
- Psychiatric hospitals
- Nursing homes and long-term care facilities
- And more
The long-term ramifications of being abused by an authority figure can shape the course of a victim’s entire life. Many survivors might feel as though they are to blame for their exploitation, which can lead to feelings of shame and low self-worth. Survivors of institutional abuse, and sexual abuse in particular, also have a high propensity for depression, anxiety, adult sexual dysfunction, and self-harm. Serious abuse is also a risk factor for suicidal ideation and attempts. If you are in distress, contact Talk Suicide Canada by calling 1-833-456-4566.
In addition to psychological repercussions experienced by institutional abuse survivors, many victims may also, depending on the context, suffer financially. For example, students who were abused at school may find it impossible to complete their educational or vocational training, resulting in a reduced future earning capability. Furthermore, institutional abuse survivors frequently incur large expenses related to psychological counselling, psychiatric treatment, prescription drugs, or other costs associated with coping strategies.
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How Can Our Toronto Institutional Abuse Lawyers Help You?
If you were exploited by a person or persons in an organizational setting, our Toronto institutional abuse lawyers may be able to help you. While no amount of money will be able to rewrite the past, our lawyers serving Toronto will work to rebuild your emotional, physical, and financial strength by helping you pursue a civil claim.
We will collect evidence on your behalf to file a lawsuit against the perpetrator(s) of the abuse, as well as any other contributorily or vicariously negligent parties or entities. This may include the institution or organization that introduced you to or employed your abuser. In Ontario, the law allows survivors of institutional abuse to pursue a civil claim against negligent parties no matter how long ago the incident(s) occurred. This is because no statute of limitations applies to abuse cases in the province. As a result, our lawyers can help you bring a lawsuit at any time, even if your abuse happened years or decades ago.
When we launch your legal claim, we’ll aim to pursue a settlement that compensates you for the losses you’ve suffered as a result of your experiences. You may be eligible for damages like:
- Pain and Suffering: Pain and suffering damages are meant to compensate you for the emotional and psychological trauma you have sustained as a result of your experiences. This may include mental health conditions like anxiety, depression, or PTSD. Because this type of suffering is often intangible, our lawyers will work with experts in the field to help calculate the appropriate amount of financial compensation you’re owed.
- Economic Damages: You may pursue compensation for the economic expenses you have incurred as a result of your abuse. If you have paid for psychological counselling, psychiatric help, prescription medications, or any other services to heal from your past experiences, you can have those expenses reimbursed. We’ll work with accountants and other financial professionals to ensure we pursue a fair settlement for your economic damages.
Beyond receiving financial compensation for what happened to you, we can also explore other solutions that might help you achieve a sense of closure. We can request official apologies, comprehensive changes to the institution, or disciplinary action against the involved parties. To learn more about how our institutional abuse lawyers serving Toronto may be able to provide you with assistance, contact Preszler Injury Lawyers online or call 1-888-608-2111.
Institutional Abuse in Toronto: Frequently Asked Questions
How much do institutional abuse lawyers cost in Toronto?
At Preszler Injury Lawyers, we work on a contingency fee basis. This means that you don’t pay any money unless we win your case for you. As a result, we offer free initial consultations to all prospective clients and free services until your case is concluded.
If we successfully obtain a settlement for you, our legal fees will be a percentage of the settlement you receive. This percentage will be discussed with you at the beginning of your claim so you can decide how you’d like to proceed.
What if I never submitted a police report at the time of the abuse?
You can still pursue a civil claim for institutional abuse even if you never filed a police report or any type of formal report. This is because the standard of proof in Ontario civil claims is different than criminal cases. Courts, lawyers, and juries understand that many survivors of abuse do not disclose immediately.
Our lawyers will be able to help you collect other supporting evidence, like witness accounts, medical records, or institutional records, to help you build your case.
Can I remain anonymous?
We understand that talking about past traumatic events can be extremely challenging for some individuals. If you do not wish to be publicly associated with your institutional abuse claim, our lawyers can apply to use your initials or a pseudonym in court to protect your identity. We can also request a publication ban from the court, which prevents your name from being made public.
We aim to prioritize your privacy and comfort at all times while we walk you through the safest way to proceed with your claim.
Call Our Toronto Institutional Abuse Lawyers Today
Our Toronto institutional abuse lawyers know that you may have questions about your options for legal action. That’s why we offer completely free, entirely confidential consultations to clients. When you meet with our legal team, you’ll have the opportunity to discuss your situation and receive personalized, case-specific advice.
We have experience handling abuse cases for individuals who attended the following institutions:
- Boy Scouts of Canada
- Robert Land Academy
- Children’s Aid Society (Foster Care)
- Diocese of Toronto
- Diocese of Hamilton
- Diocese of York
- Diocese of London
- Cadets
- School Boards
- And more
To receive your free initial consultation, contact our Toronto institutional abuse lawyers. You can call us at 1-888-608-2111 or fill out a confidential online contact form today.
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Toronto institutional abuse Claims
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Case Results
institutional abuse Settlements
Please note that past results are not indicative of future results as each scenario presents itself with its unique set of circumstances. But here are some institutional abuse related wins we’ve had for our clients.
More institutional abuse Topics
Here’s more information on institutional abuse related topics that we think you might find helpful.
institutional abuse
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September 22, 2023
Consent on Campus: What Students Should Know About Sexual Assault
Many students throughout Ontario are returning to university or college classes this month. For some of the hundreds of thousands of students moving into campus…
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May 16, 2023
Expanding the Historical Scope of the “Remedial Measures” Doctrine
In cases involving negligence claims against institutions in respect of historical wrongdoing – such as cases under ss. 16(1)(h)-(h.2) of the Limitations Act SO 2002…
institutional abuse
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April 11, 2023
Loss of Interdependency in Sexual Abuse Claims
Sexual abuse is an abuse of power. It is an assault of a sexual nature that violates the integrity of the perpetrator’s victim. The act…
institutional abuse FAQs
Here are some commonly asked questions for institutional abuse claims
I never submitted a police report. How can I prove this happened?
No survivor of sexual assault should worry about not having enough evidence to come forward. We routinely take on cases where our clients have never reported their assault to the police. The only evidence we need to prove a civil sexual assault claim is our client’s story of what happened.
In fact, it is rare for cases of historic abuse to hinge on hard evidence, such as witness testimonies or formal reports. Instead, sexual abuse claims are decided by weighing all of the evidence on a balance of probabilities. Your evidence and testimony count.
I’m worried I stayed quiet for too long. Is it too late?
There is no statute of limitations on sexual abuse claims in the Province of Ontario. That means that, no matter how far in the past your abuse took place, you could still be eligible to pursue a civil claim against the person who perpetrated the crime, or the organization responsible for fostering the relationship between victim and perpetrator so that the crime could occur (depending on the circumstances of the case).
We are often retained by people in their 60s, 70s, and even 80s who were assaulted as children. Even if your abuser is no longer living, you may be able to pursue civil action against their employer, the institution that introduced you to your abuser, or any other responsible party.
The law recognizes that survivors of sexual assault often do not report their assaults for years or even decades after it happened. The law recognizes that survivors of sexual assault deserve justice and fairness no matter when the assault took place.
The person at fault is still alive (and maybe even involved in the organization). Do I have to face them?
In a typical case, you will never see the defendant. Civil sexual assault lawsuits are generally handled by insurance companies and the defendant has little involvement in the process, if any.
If the perpetrator is involved in the lawsuit, you will not have direct interaction with him or her. Fortunately, most sexual abuse cases are settled during a process called Mediation. Throughout this process, an impartial mediator will conduct meetings privately with all parties involved in the claim in order to negotiate a settlement. Since these meetings are conducted privately, plaintiffs pursuing a sexual abuse claim and their lawyers will not necessarily need to interact with the person accused of committing abuse face-to-face.
What does the court process look like?
If a settlement negotiation cannot be reached during Mediation, you, the defendant or defendants, and your respective lawyers will be required to attend a pre-trial before a judge, during which the judge will act as a quasi-mediator in order to help facilitate settlement.
If the case proceeds to trial, evidence will be presented before a judge or jury. You will most likely be required to share your story on the witness stand and will be subject to cross-examination from the accused’s or institution’s legal representation. Witnesses, various experts on damages, and others may be called upon to present evidence and face cross-examination.
Once the evidence has been presented and lawyers for both sides have presented their arguments, the judge or jury will determine the case’s outcome as well as the amount of damages the defendant may be required to pay you.
How many times do I have to tell the story?
We tell all clients that they will only be asked to tell the story when they are ready to do so; there is no rush. We do not even need to know the full details of our clients’ stories before we take on their claim. We only need to know if there was sexual touching of some nature.
Talking about your experience can be emotionally challenging, but it can also be an empowering component of the healing process. Our sexual abuse lawyers appreciate how difficult it can be to talk about this painful subject matter in detail, but we provide a compassionate, safe environment in which you will feel comfortable speaking freely about the abuse to which you were subjected.
Generally, you will need to tell your story at least once before the claim settles. The insurance company will need to understand what happened in order to know how much compensation is fair. We work with clients to ensure they are ready and comfortable to tell their story beforehand.
Your lawyer may suggest that you undergo medical assessments from experts who can determine how the trauma you suffered has impacted your overall quality of life, your ability to earn income, etc. Being open and truthful about your experience during these evaluations can be therapeutic and could help strengthen your case.
Can I remain anonymous?
We can apply to the court to ask for your name to be kept anonymous in court documents. In many cases, we can also settle the claim confidentially without starting a lawsuit.
I don’t think the person who abused me has any money. How could I get compensation?
Many occurrences of sexual abuse arise as a result of the involvement of certain institutions. In many cases, the actual abuser is either deceased, cannot be located, or does not have any assets to compensate the victim. Depending on the circumstances of your case, you may be entitled to pursue compensation directly from the organization or institution that introduced you to the abuser.
Most institutions also have insurance to compensate survivors of sexual assault. If the assault happened in connection with an institution (such as a church, school, company, Boy/Girl Scouts troop, or other organization), then it does not matter if the person who assaulted our client has any assets. We might be able to seek compensation from the institution itself or their insurance policy.
How long does a civil action take?
There is no standard length of time for how long civil actions can take before settlements are determined. However, most sexual abuse claims take between 2-4 years before reaching a resolution.
Got more questions?
If you have more questions or need legal help regarding institutional abuse claims, contact our legal team for help.
We’re happy to help.
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