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Christensen v. Roman Catholic Archbishop of Québec

2010 SCC 44 [2010] 2 SCR 694 Court SCC Decision date 2010-10-29 Docket 33360 English

PartiesShirley Christensen Appellant·Roman Catholic Archbishop of Québec Respondents·Paul-Henri Lachance Respondents

Counsel (2)
Solicitors for the appellant: Arsenault & Lemieux, Montréal.
Solicitors for the respondent the Roman Catholic Archbishop of Québec: Stein Monast, Québec.

Judges McLachlin, Beverley; LeBel, Louis; Deschamps, Marie; Fish, Morris J.; Abella, Rosalie Silberman; Charron, Louise; Cromwell, Thomas Albert

Delivered by The Court

On appeal from Quebec

Subjects Action

Contents

Reasons for Judgment — The Court

The Court — This appeal raises the issue of prescription in a case involving a sexual assault that occurred more than 25 years before an action in civil liability was filed. The respondents filed motions to dismiss the action on the ground that it was prescribed. The Quebec Superior Court granted their motions and dismissed the action. A majority of the Court of Appeal affirmed that judgment, but for different reasons (2009 QCCA 1349, [2009] R.J.Q. 1970). We agree with the dissenting reasons of Chamberland J.A.
The issue of the point at which prescription started to run raised questions of fact that could not be resolved on the face of the record. 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.
For these reasons, the appeal is allowed and the case is remanded to the Superior Court, with costs throughout.

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