The appellant, a victim of childhood incest by her father, brought an action for damages for assault and battery and breach of fiduciary duty when she was 28 years old.
The trial judge held the action was barred by the Limitations Act, and the Court of Appeal affirmed.
The Supreme Court of Canada allowed the appeal, holding that the tort claim was subject to the reasonable discoverability rule, and the limitation period did not begin to run until the appellant entered therapy and realized the causal connection between her injuries and the abuse.
The Court also held that a parent owes a fiduciary duty to their child, and incest constitutes a breach of that duty, which is not subject to the statutory limitation period.
