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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.
Apr 28, 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.
Recognition of New Tort. The trial judge found that the union was characterized by a sixteen-year pattern of coercion and control that, in addition to three serious physical assaults, included extensive psychological and financial abuse by the husband.
Jul 12, 2023 · This article: Provides a case summary of the ONCA’s much awaited decision in Ahluwalia v. Ahluwalia, which rejects the tort of family violence; Outlines 10 different, existing torts that may arise in cases of family violence; and. Provides general tips for raising tort claims in family law cases. Ahluwalia v.
Mar 9, 2022 · 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. Family violence is a social issue that has been criminalized. There needs to be a corresponding civil remedy.
Nov 8, 2022 · Ahluwalia v. Ahluwalia 2022 ONSC 1303. This recent case has taken Ontario’s legal community by storm. Justice Mandhane of Ontario’s Superior Court has awarded the mother in this case $150,000.00 in compensatory, aggregated and punitive damages for the tort of family violence.
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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.
