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Torkin Manes LegalPoint

The Problem with Class Actions for Historical Sexual Abuse Cases

Loretta P. Merritt In Ontario, class actions are governed by the Class Proceedings Act, (the “CPA”), and allow an individual to advance a legal claim on behalf of two or...
Oct 28, 2022
Presentation

Criminal and Civil Legal Proceedings

Loretta P. Merritt Abuse Hurts Hope Conference Series: LEARN
May 17, 2022
May 2, 2022
Torkin Manes LegalPoint

NDAs and Gag Orders in Sexual Misconduct Cases

Loretta P. Merritt The vast majority of civil lawsuits end up in a negotiated settlement, rather than an adversarial trial. Settlements avoid the risk and cost of a tria...
Jan 20, 2022
Torkin Manes LegalPoint

Institutional Response to Disclosure of Sexual Abuse

Loretta P. Merritt There have been several cases where courts have considered whether an institutional response to receiving allegations of sexual assault has been appro...
Nov 8, 2021
Torkin Manes LegalPoint

Privacy in Civil Sexual Assault Cases

Loretta P. Merritt Privacy is often, but not always, a concern to plaintiffs in civil sexual assault cases. This article will discuss keeping the plaintiff’s identity co...
Aug 13, 2021
Presentation

Practicing in the Pandemic: The New Normal

Loretta P. Merritt OTLA Spring Conference OTLA Spring Conference
May 14, 2021
Article

Economic Losses in Civil Sexual Assault Cases

Loretta P. Merritt Scientific studies have shown that individuals first exposed to criminal victimization as children or in adolescence have significantly lower life-cou...
Mar 3, 2021
Feb 18, 2021
Feb 9, 2021
Jan 11, 2021
Article

Publication Bans: Do They Help or Hurt Abuse Survivors?

Loretta P. Merritt There are some interesting legal issues that arise for sexual abuse survivors when there are related criminal and civil proceedings. Most times, when ...
Dec 10, 2020
Presentation

12th Annual Class Actions Colloquium: Litigating Class Actions Claims Amidst Profound Change

Loretta P. Merritt Loretta Merritt spoke on the panel discussion about Class Action Claims, Mass Torts and Opt Out Litigation during the 12th Annual Class Actions Colloq...
Dec 2, 2020
Presentation

Sexual Abuse: Developing a Claim for Vicarious Liability

Loretta P. Merritt Ontario Trial Lawyers Association 2020 Fall Conference Loretta Merritt spoke at the Ontario Trial Lawyers Association fall conference on October 23, 2020. She presented "Sexual Abuse: Developing a Claim fo...
Oct 23, 2020
Torkin Manes LegalPoint

School Board Liability for Sexual Assaults by Teacher

Loretta P. Merritt An Ontario judge has found a school board vicariously liable for historical sexual abuse of a student by her teacher. This is an important decision as...
Jul 14, 2020
May 21, 2020
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