On June 12, 2026, changes to the Limitation of Actions Act came into force that significantly expand the circumstances in which there is no limitation period for certain assault, battery, and trespass to the person claims.
The changes apply to qualifying claims regardless of when the incident occurred. That means some claims arising many years ago may no longer be barred simply because the previous limitation period expired.
The new rules apply where:
- The act was of a sexual nature; or
- At the time of the incident, the claimant was in an intimate personal relationship with the defendant; or
- The claimant was financially, emotionally, or physically dependent on the defendant.
Importantly, the amendments can also revive certain claims that were previously dismissed solely because the limitation period had expired.
There are exceptions. For example, the new rules do not generally reopen claims that were resolved through a legally binding settlement, or certain claims that have received a final court determination.
What does this mean for the public? If you were previously told that you could not bring a claim because too much time had passed, it may be worth having that advice reviewed in light of these changes.
The most important point is simple: do not assume that a claim is out of time without speaking to a lawyer about the specific circumstances.
Since 2016, I’ve had the privilege of working for Correia & Collins. First as a student, then as an articled clerk, and now as a lawyer. I have found great pride in problem-solving for clients and guiding them through complex legal problems to achieve the best possible outcomes. Through this experience, I know the importance of having an effective lawyer.