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Were You Abused In Foster Care Arranged By An Ontario Children’s Aid Society?
Foster parents provide care for children when their parents or guardians are unable to do so. In Ontario, this care is often arranged by the Children’s Aid Society (CAS) in specific regions. Sadly, some foster parents have betrayed their responsibility, subjecting children to emotional, physical, or sexual abuse.
If you experienced sexual and physical abuse by a foster parent while under the care of a Children’s Aid Society in Ontario, you may be able to seek justice through the legal system.
Abuse survivors often carry deep feelings of shame, compounded by the difficulties that may have led them into foster care in the first place, such as the loss or separation from a parent. These layers of trauma can add to the emotional burden, but it’s important to know that you are not alone, and it is never too late to take action.
The justice system has made progress in recognizing the challenges survivors face, including the emotional toll of revisiting past trauma. In recent years, there has been a shift toward supporting survivors through the legal process with greater sensitivity.
Every case is assessed individually based on its own facts. However, courts are increasingly open to hearing institutional abuse claims and taking steps to minimize the emotional strain on survivors.Additionally, the vast majority of cases are resolved without the need for a trial.
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Who Can Make An Institutional Abuse Claim Against The Children’s Aid Society?
Children’s Aid Societies are independent, local organizations across Ontario, each serving specific geographic areas. While they operate under the CAS umbrella, each organization is separately governed. Some are named “Children’s Aid Society,” while others may include terms like “child and family services” or references to specific First Nations.
If a Children’s Aid Society arranged your foster care and you experienced emotional, physical, or sexual abuse during that time, you may have grounds to pursue a legal claim. We encourage you to schedule a free consultation to learn more about your options.
Do I Need To Press Criminal Charges Against My Foster Parent To Pursue A Claim Against The Children’s Aid Society?
No, you do not need to press criminal charges to pursue a civil claim. In fact, you do not need to have reported the abuse to the police in the past to seek legal action. Criminal charges or convictions are not necessary for a successful institutional abuse claim.
If you choose to pursue a civil lawsuit against the Children’s Aid Society for damages, it will follow a separate process from any criminal proceedings. However, if you decide to file a police report, that option remains open to you. Evidence from previous investigations or criminal convictions of your abuser may also help strengthen your civil case, though it is not required.
What Are My Legal Options If The Abuse Occurred In Foster Care Arranged By The Children’s Aid Society?
Your claim would be directed against the specific local CAS responsible for arranging your foster care. Most institutional abuse claims are resolved through settlement negotiations rather than going to trial. While we are prepared to advocate for you in court if needed, our experience shows that many claims are settled out of court, often resulting in monetary compensation and other meaningful outcomes.
In some cases, settlements have included formal written apologies from the institutions responsible, offering survivors a sense of closure and acknowledgment of their suffering. Without legal action, such admissions of responsibility are unlikely.
The Long-Term Impact Of Institutional Abuse
The effects of childhood abuse, particularly in an institutional setting, can be long-lasting and profound. Survivors may experience:
- Emotional isolation and mental health challenges
- Flashbacks and nightmares
- Job instability and frequent employment changes
- Low self-esteem
- Difficulty forming relationships and trusting others, especially authority figures
- Avoidance of educational or career opportunities
- Homelessness or housing instability
- Struggles with substance use
Survivors often carry feelings of self-blame, particularly if their abuse was dismissed or not believed at the time. It is crucial to understand that the abuse was not your fault, and you deserve to be heard and supported.
Many of our clients have shared that pursuing a legal claim helped them regain a sense of control over their lives and take important steps toward healing.
Types Of Compensation Available For Survivors Of Cas Abuse
If you have experienced abuse while in the care of a Children’s Aid Society (CAS), you may be entitled to various forms of compensation. Understanding your options can empower you on your journey toward healing and justice. Here are some of the types of compensation that may be available to you:
1. Monetary Compensation
- Damages for Pain and Suffering: Survivors can seek compensation for the emotional and psychological trauma endured as a result of the abuse. This may include damages for anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health challenges that have arisen from your experiences.
- Economic Damages: This includes compensation for any financial losses directly resulting from the abuse, such as medical expenses for therapy or treatment related to the trauma, lost wages due to an inability to work, or costs related to vocational training if you had to change careers.
2. Formal Apologies
- Many survivors find closure in receiving a formal written apology from the institutions involved. This acknowledgment can validate your experiences and demonstrate that the organization recognizes the harm caused and is willing to take responsibility.
3. Access to Counseling and Support Services
- As part of a settlement, survivors may have access to funding for ongoing mental health support, therapy, or counseling services. This can be vital in your healing journey, ensuring you receive the care you need to move forward.
5. Educational Support
- Some settlements may include provisions for educational support, such as funding for tuition, books, or training programs, which can help you rebuild and move toward a fulfilling future.
6. Rehabilitation Costs
- If the abuse has led to physical injuries or other conditions requiring rehabilitation, you may seek compensation for the associated costs, including therapy, physical rehabilitation, and related medical treatments.
Taking The Next Steps
It’s important to remember that every case is unique, and the compensation you may be eligible for will depend on the specific circumstances of your experience. Seeking legal guidance can help you navigate the process and ensure your needs are met.
If you or a loved one has been affected by abuse while in the care of a Children’s Aid Society, we encourage you to reach out for support. Together, we can discuss your options for seeking justice and the compensation you deserve.
Is It Too Late To Seek Justice?
No, it is not too late. The law has removed the statute of limitations for sexual abuse claims, meaning your right to seek justice remains, regardless of how much time has passed. You are not required to have reported the abuse before, and it’s completely natural for survivors to need time before feeling ready to share their story.
We understand how deeply personal this journey is, and we are here to support you whenever you feel ready to take that step. Your story matters, and we will walk beside you with care and compassion.
Contact Preszler Injury Lawyers For A Free Consultation
For many survivors, seeking justice is about holding those who allowed or caused harm accountable. Many clients tell us they are surprised and relieved to find someone who believes them and is ready to offer real help.
At Preszler Injury Lawyers, we do more than listen—we provide legal representation built on decades of experience helping survivors achieve justice and fair compensation through negotiated settlements and trial victories. We work on a contingency basis, meaning you will not pay any fees unless we win your case.
If you have questions or are ready to move forward with an institutional abuse claim, please contact us at 1-888-608-2111 or reach out online to schedule a consultation. We look forward to hearing from you and are here to help when you are ready.
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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.
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September 22, 2023
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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…
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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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