Limited liability partnerships are a type of business which can limit the personal liability of partners, which protects the partner’s assets. They are governed by the Partnerships Act, RSO 1990, c P.5, and their liability is outlined in section 10(2). It states that a partner in a limited liability partnership is not liable for the debts, liabilities or obligations of the partnership or any partner arising from the negligent or wrongful acts or omissions that another partner or an employee, agent or representative of the partnership commits, or any other debts or obligations of the partnership.
Some defendants attempt to hide behind the protection of a limited liability partnership to avoid paying their debts. However, regarding sexual assault cases, according to section 10(3), a partner is not protected from liability when it is their own negligent or wrongful act, the act took place by a person under their supervision, or if another partner or employee committed the act and was a criminal act or if the partner knew or ought to have known that a reasonable person would have taken actions to prevent the act.
In the case of sexual assault, if the perpetrator is a partner, they should not be able to shield themselves from liability, given it is a criminal act. The partner may be personally liable under any or all of the limitations to the protection, and they should not be able to shield themselves from liability. Additionally, if the sexual assault was related to the limited liability partnership and other partners knew, reasonably ought to have known, or supervised the perpetrator, they may also be held personally liable.
If you are considering bringing a civil case against a limited liability partnership regarding a sexual assault, speaking with an experienced lawyer is critical to ensure that you can sue the correct individuals.
