You can sue the person who has abused you in the civil courts for compensation. In a situation where an older adult has been physically abused, it might be appropriate to sue for assault, trespass, negligence, or battery. In order to recover any damages, it is necessary to show the court that you have suffered some loss as a result of the physical abuse. The loss can be physical, for example a broken arm, or mental suffering. In order to recover other financial losses, it will be necessary to show the court that the loss is related to the physical abuse and injuries suffered, for example, the cost of a holiday missed because of an injury.

If you have had property or money stolen, it might be appropriate to sue the abuser for damages for the amount of the loss, for restitution of the money or property, or for punitive damages.

It is not necessary to have a lawyer to sue in the civil courts, but it may be helpful, particularly where the claim is over $25,000. If a claim is less than $25,000, it can be heard in Provincial Court where the process can be a little more informal. Claims worth over $25,000 are heard in the Court of Queen's Bench and can involve much time, anguish, and money.

Return to Using the Law ... Suing in a Civil Court

Updated: October 1, 2003
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OAK-Net: Abuse of Older Adults
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