Tort Claims for Intimate Partner Violence

Summary#

The Limitations Amendment Act (Intimate Partner Violence) amends Manitoba’s Limitations Act; it does not create a separate program or organization. It adds claims relating to the tort of intimate partner violence to a list in section 18 and updates references to that list in three related subsections. The bill’s text does not state a goal or explain the exact effect of those rules.

  • The new category is “a claim relating to the tort of intimate partner violence.”
  • The bill also changes references in subsections 18(2), (3) and (4) so they include the new category.
  • The bill says it comes into force on royal assent. The supplied text does not give an assent date.

What it means for you#

  • People bringing or facing these claims: The claims would be included in the rules in section 18. The supplied material does not include the rest of that section, so it is not possible to say whether this changes a deadline or how.
  • People affected by intimate partner violence: The bill does not set out what conduct makes up the tort, create an application or review process, or provide a service or benefit.
  • General public: The text does not change taxes, fees, fines, or eligibility for a public program.

Money#

No cost information is in the available material.

  • The bill does not specify spending, staffing, fees, fines, or an estimate of any costs.

What is unclear#

  • The Limitations Act itself was not supplied, so the existing section 18 rules and the precise change to them could not be checked.
  • The bill does not define “the tort of intimate partner violence” or explain what claims “relating to” that tort include.
  • The bill does not state how the change applies to claims or events that occurred before it comes into force.
  • The text says the bill comes into force on royal assent, but gives no assent date; its current in-force status is therefore unclear from the supplied material.

Case for#

  • A possible argument for the bill is that it expressly includes intimate-partner-violence-related claims in the rules in section 18. If those rules give such claims different limitation treatment, the amendment could make that treatment apply to this category.
  • Naming the category in the Act could make its treatment clearer than leaving it unmentioned.

Case against#

  • The supplied text does not show what section 18 does, so readers cannot tell what practical change the amendment makes.
  • The bill does not define the tort or explain which related claims are included. That could leave uncertainty about which cases fall under the amendment.
  • The text does not explain how the change applies to earlier events or claims.