Canada’s highest court said in a ruling Friday that an appeal should be allowed in the case of Shirley Christensen, and that her case should be remanded to the Quebec Superior Court to assess the evidence.
Christensen’s case involves sex abuse by a priest that occurred more than 25 years before a civil lawsuit was filed. The Quebec Superior Court had dismissed the action on the grounds that it was filed after the statute of limitations period.
"The trial judge will have to assess the evidence to determine whether, on the facts, inferences can be drawn that establish either that prescription did not start to run until 2006 or, possibly, that it was suspended in the circumstances of this case," the Supreme Court ruled. "For these reasons, the appeal is allowed and the case is remanded to the Superior Court, with costs throughout."