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  1. May 2, 2022 · It’s only a few months into 2022, and we already have at least one landmark Family ruling from the Ontario Superior Court of Justice – this time on the sensitive topic of spousal abuse and family violence.

  2. Mar 9, 2022 · The damages suffered cannot be compensated through spousal support. The Divorce Act prohibits family violence from being compensated through an award of spousal support. In light of recent trends and current research, it is important that our law recognizes the tort of family violence.

  3. In February 2022, the Ontario Superior Court of Justice recognized a new tort of “family violence” in its decision of Ahluwalia v. Ahluwalia, 2022 ONSC 1303 (“Ahluwalia”). On appeal before the Court of Appeal of Alberta, the Court overturned the trial judge’s recognition of the new tort, which was released in July of this year.

  4. Jul 19, 2022 · Introducing Oatley Vigmond’s Next Generation of Personal Injury Lawyers. In recognizing this new tort, the Court awarded the plaintiff $150,000 in compensatory, aggravated, and punitive damages for the “family violence” that she endured at the hands of the defendant throughout their marriage.

  5. Jul 12, 2023 · Tort claims are subject to a two-year limitation period under most provincial legislation, from the date the claim was discovered: see, e.g., Ontario’s Limitations Act, 2002, SO 2002, c. 24, Sch. B, ss. 4-5. There is no limitation period for assault within an intimate relationship: see, e.g., Ontario Limitations Act, 2002, SO 2002, c. 24, Sch ...

  6. May 10, 2022 · In a recent decision arising out of the Ontario Superior Court of Justice, the trial judge, Justice Mandhane created a new tort of family violence. The parties in Ahluwalia v Ahluwalia, 2022 ONSC 1303 were married in November 1999 and separated in July 2016. There were two children of the marriage.

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  8. May 2, 2022 · Coincidentally, a year later, in February of 2022 Ontario welcomed another new tort: the tort of family violence. After an intensive 11-day trial, Mandhane J. awarded $150,000 in compensatory, aggravated and punitive damages to Mrs. Ahluwalia on the basis of this new tort (apportioned as $50,000 in each type of damage) in Ahluwalia v.

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