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Nov 22, 2023 · On July 7, 2023, the Ontario Court of Appeal released its decision in the case. The court acknowledged the existence of intimate partner violence in this case but rejected the creation of the tort of family violence. The court held that when remedies already exist, a new tort is not required.
The parties appeared before the Court to determine property equalization, child support, spousal support, and the issue that resulted in the recognition of the new tort – the mother’s claim for damages in relation to the father’s abuse during the marriage.
Jul 12, 2023 · An Update on Resulting Trust Claims in the Context of Creditor-Proofing; Delay Due to “Lack of Emotional Means” Does Not Bar a Claim for Spousal Support; An Update on Torgersrud v. Lightstone and the “High Threshold” for Ousting Equalization in a Foreign or Out-of-Province Marriage Contract
Mar 11, 2022 · An Ontario judge has created a new legal claim of “family violence” in divorce cases, opening the door to large financial awards and bitter litigation despite the no-fault rules in place...
- Sean Fine
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. It stems from a case called Ahluwalia v.
Mar 9, 2022 · In Ahluwalia v. Ahluwalia, 2022 ONSC 1303, Justice Mandhane of the Ontario Superior Court of Justice writes about the tort of family violence. In this case, the parties disputed four issues. The four issues were: “property equalization, child support, spousal support, and the Mother’s claim for damages in relation to the Father’s alleged ...
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Is there a spousal abuse case in Ontario in 2022?
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Does Ontario have a 'family violence' claim in divorce cases?
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Jul 19, 2022 · Because the violence endured by the plaintiff at the hands of her husband is not compensated through an award of spousal support, Justice Mandhane found that the Mother is entitled to remedy in tort.
