March 8, 2023

Janelle O’Connor

Buying Silence?: The Future of NDAs in Civil Sexual Assault Settlements

A Non-Disclosure Agreement (NDA) is a legal contract in which a person agrees to keep certain information confidential. NDAs were originally used to keep business information, such as intellectual property and trade secrets confidential; however, over time, they have also become commonplace in sexual assault settlements. Last month, lawyers across Canada…

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October 27, 2022

Janelle O’Connor

Silencing Survivors in Civil Sexual Assault Settlements

Silencing Survivors in Civil Sexual Assault Settlements

In my civil sexual assault practice, some clients wish to remain anonymous, but most don’t. I have learnt that choosing to speak out about one’s own experience of sexual abuse can be an important and potentially therapeutic form of healing and recovery for survivors. Speaking publicly is important to some…

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November 2, 2021

Janelle O’Connor

Government Liability for Sexual Abuse by Foster Parents

Government Liability for Sexual Abuse by Foster Parents

Cases involving physical and sexual abuse of children by their foster parents is a devastating reality that I am often exposed to in my law practice. The foster care system is meant to protect vulnerable children from abuse and neglect, yet in some cases it does the opposite – exposing…

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October 21, 2021

Janelle O’Connor

Civil vs. Criminal Proceedings for Sexual Assault

Civil vs. Criminal Proceedings for Sexual Assault

I am a civil sexual assault lawyer and routinely receive phone calls from sexual assault survivors who are confused about the interplay between the civil and criminal processes for their sexual assault claims. The decision on whether to pursue a civil claim, a criminal proceeding, or both – and the…

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May 13, 2021

Janelle O’Connor

Sexual assault training for judges now mandatory

Significant changes designed to enhance confidence in the criminal justice system among survivors of sexual assault came into force last week. The changes involve amendments to the Judges Act and the Criminal Code and are designed to assist judges in deciding sexual assault cases without the influence of myths and stereotypes.…

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April 12, 2021

Janelle O’Connor

Vicarious liability of school boards for sexual abuse by teachers: Is the school still out?

Vicarious liability of school boards for sexual abuse by teachers: Is the school still out?

The Supreme Court of Canada has recognized that teachers play a key role in society that places them in a direct position of trust and authority towards their students.  Teachers have significant power, authority, and control over their students. They have control over almost all aspects of a student’s day,…

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Sexual Abuse

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