BURST
OTTAWA — The Supreme Court will decide today if a victim of family violence can sue a former spouse for damages linked to “a pattern of emotional and physical” intimate-partner abuse.
The decision has been described by some lawyers decision has been described by some lawyers as a “defining moment in the intersection of tort law and family violence.” It also cuts to the perennial question of if it is the court’s role to create a new remedies for misconduct or if that should be left to legislators.
The case opposes Kuldeep Kaur Ahluwalia and her ex-husband Amrit Pal Singh Ahluwalia. The two married in 1999 but separated in 2016 after Ms. Ahluwalia suffered multiple instances of violent physical, emotional and financial abuse from her spouse.
After the separation, Ms. Ahluwalia sued Mr. Ahluwalia for damages linked to the intimate-partner violence. In its decision, Ontario Superior Court Justice Renu J. Mandhane concluded that the marriage “was characterized by a pattern of emotional and physical abuse and financial control.”
Mandhane then created a new tort (or civil wrong) of “family violence” and awarded the her $150,000 in damages. It is exceptionally rare for courts to recognize new torts in family law.
But the Ontario Court of Appeal disagreed with Mandhane’s decision in 2023, ruling that there was no need to create a brand new tort for family violence since Ms. Ahluwalia’s claim could be addressed by existing torts of assault and battery.
The appeals court also reduced the damages award to $100,000.
Ms. Ahluwalia then appealed to the Supreme Court of Canada, who heard the case nearly one and a half year ago. The delay suggests a court divided about if it should uphold the appellate court decision or confirm the creation of a new tort for family violence.
At the Supreme Court, the federal government said it supported the creation of the new tort for family violence, though it has never legislated one.
The decision will be released at 9:45 a.m.
National Post
cnardi@postmedia.com
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