What is the cause effect nexus between the principal and derivative claims?

Ontario, Canada

The following excerpt is from J. D. v. Rafaj, 2006 CanLII 33775 (ON SC):

Counsel for the plaintiff relies on J.C. v. Ansel, [1994] O.J. No. 1741. As in the present case, the principal and derivative claim arose in the context of alleged sexual abuse. In a cross-motion to dismiss the derivative claims a plaintiff is not born at the time of the impugned conduct, Hermiston J. dismissed the cross-motion, distinguishing the case before him from Pole v. Hendery, supra, on the grounds that Pole v. Hendery was a motor vehicle accident case and, at para. 11, stated: This cause effect nexus is different from injury sustained in a motor vehicle accident. In a motor vehicle accident the injuries are readily apparent. In childhood sexual abuse cases the damage done often does not become evident for many years after. …

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