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If you are a survivor of childhood sexual abuse, you may wonder whether the legal system can still help you — especially if the abuse happened many years ago. The recent decision in Evans v. The Catholic Children's Aid Society of Toronto shows that justice is possible, even decades later.
This case is a powerful example of how survivors can be heard, believed, and compensated through our civil court system.
Background
Diane Evans was sexually abused between 1956 and 1962 by her mother's live-in boyfriend, Peter Kaczmarczyk. In her lawsuit, she alleged that the Catholic Children's Aid Society of Toronto (CCAST), which was involved with her family at the time, failed to protect her. Ms. Evans sued both the Estate of Mr. Kaczmarczyk who had died, and the CCAST.
What the Court Awarded
After a 20-day jury trial, the jury found both defendants legally responsible and awarded Ms. Evans over $2.3 million in damages.
Against the Estate of Mr. Kaczmarczyk and the CCAST, jointly, the jury awarded:
- $400,000 for pain and suffering (also known as general and aggravated damages),
- $940,000 for lost income due to the long-term impact of the abuse, and
- $50,000 for future counselling and mental health support.
Against Mr. Kaczmarczyk's estate, only, the jury awarded:
- $1,000,000 in punitive damages to send a strong message of condemnation.
The joint award of $1,390,000 means Ms. Evans can collect the full amount owing from either the CCAST or the Estate of Mr. Kaczmarczyk. The $1 million punitive damages award made solely against the Estate means Ms. Evans can collect this amount only from the Estate.
Why This Case Matters
If you are a survivor of childhood sexual abuse — even if it happened many years ago — you may still have legal options. This case shows that:
- You can still come forward: There is no time limit to bring a civil claim for sexual assault in Ontario.
- You can be believed: Courts and juries are increasingly recognizing the realities of trauma and delayed disclosure.
- You can be compensated: Damages can include pain and suffering, lost income, therapy costs, and more.
Reach Out
Our legal team has decades of collective experience working on behalf of survivors of sexual assault and understands the courage it takes to come forward. We are here to listen, support, and guide you through the legal process with compassion and respect.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
