113 – Getting Damages Payments for Abuse in a Relationship
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The Supreme Court of Canada Allowed Family Court Judge to Give Damages for Domestic Abuse
There has been a significant advancement in Canadian Family Law when it comes to intimate partner violence. In very specific situations, one spouse can sue the other spouse and receive a damages payment. Court cases can recognize what survivors have experienced: a pattern of isolation, financial control, humiliation, intimidation, surveillance — a slow tightening that changes what someone can safely say, do, or even imagine. In Ahluwalia v. Ahluwalia, the Supreme Court of Canada took that pattern seriously. It recognized a new civil wrong, a new “tort,” called intimate partner violence.
In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, breaks down:
- what happened in the case,
- what the Courts decided,
- what a victim must prove to get a damages payment,
- what this case could change for survivors seeking accountability, and
- how the decision in Ahluwalia will not affect many family law cases.
This is the first in a three part series that looks how the Ahluwalia decision will affect divorces, parenting/child custody cases and other aspects of Family Law.
Get More Information:
If you found this episode helpful, you may also like these episodes:
112. What To Expect At Each Type of Family Court Appearance
106. Five Things You Should NEVER Do in Family Court
103. 8 Ways to Lose a Parenting (Child Custody) Case
79. What Am I Legally Required To Do First After Separating?
77. What Happens if You Breach a Family Court Order
27. Domestic Violence – The Critical Information to Get Help and Protection
The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law. Get it as a $8.99 Kindle eBook , or as an AppleBook for your iPad or iPhone . You can also get it as a paperback or hard cover from Amazon or at better bookstores.
And, of course, if you need more information, or advice that is specific to your situation, contact us to set up consultation. Call 647-342-6775 or use this booking form.
Contact Us
To contact John Schuman, Certified Specialist in Family Law and Education Lawyer, call 647-342-6775, email him at john@schumanlaw.ca, or use the form on this page.