Disclaimer: This article aims to provide educational information surrounding family violence. It is not intended to serve as legal advice. Consult with a lawyer and exercise your discretion before taking action based on the information provided in the blog.

The Supreme Court of Canada has recently granted leave to hear the case of Ahluwalia v. Ahluwalia, a landmark case that has the potential to significantly impact how torts, or civil wrongs, are applied in family law cases involving family violence.

This update will summarize the case so far, outline the issues at stake, and provide guidance on legal options until a final decision is made.

Case Summary: Ahluwalia v. Ahluwalia

Ahluwalia v. Ahluwalia involves a couple who married in 1999 and separated in 2016. The wife sought statutory relief for divorce, child support, and spousal support and also claimed damages for her husband’s abusive behavior throughout their marriage. The trial judge recognized a pattern of physical and emotional abuse and created a new tort of family violence, awarding the wife $150,000 in damages.

However, the husband appealed the decision of the Ontario Superior Court of Justice. The Ontario Court of Appeal overturned the trial court’s creation of this new tort, asserting that existing torts such as battery, assault, and intentional infliction of emotional distress were sufficient to address the harm suffered in cases of intimate partner violence. The Court also rejected the wife’s alternative proposal for a tort of “coercive control.”

Issues at Stake

The Supreme Court must determine whether the Ontario Court of Appeal was correct in its decision that existing torts (such as battery, assault, and intentional infliction of emotional distress) are sufficient to address domestic violence, or if the trial judge was right in creating a new, specific tort of family violence to better address the complexities and realities of long-term abuse.

On one hand, the applicant noted the unique nature of family violence. They argued that the challenge of fully capturing the full scope of harm done using a variety of torts places a high demand on survivors, who are already vulnerable members of our society. Simply put, they noted: Survivors of intimate partner violence require a name for the unique, complex, and invidious harms they have suffered. They require a vocabulary, an analytical matrix, and a unified lexicon that captures, identifies, and redresses harm. That is what is found in a tort of family violence.”

On the other hand, the respondent defended the Court of Appeal’s decision, noting: 

• Current established torts and statutory remedies can address family violence
• The impact of a new tort to Ontario’s family law would have significant negative impacts on survivors and on areas outside of judicial proceedings
• The legislature is already introducing legislation (such as Keira’s Law) to address family violence 

Significance of the Supreme Court’s Decision to Hear the Case

Granting leave to hear a case means the Supreme Court of Canada has determined that the issues raised are of national importance or have significant legal implications. This decision does not imply any opinion on the merits of the case but indicates the court’s recognition of the broader implications for family law and victims of family violence.

The Supreme Court’s willingness to hear this case highlights the need for a thorough examination of whether existing legal remedies are adequate or if new legal frameworks are necessary to protect survivors effectively.

What options are currently available under Ontario’s family law?

The question before the court is not whether family violence is wrong – it is. It’s not a question of whether or not survivors have rights that need to be protected – they do.  Family violence has been defined clearly in family law, including physical violence, emotional abuse and financial abuse. 

So while there is no current tort for family violence, if you are a survivor of such abuse, you have options.  You can bring forward a tort claim and seek relief, including punitive damages, under established torts, such as battery, assault and infliction of emotional distress. 

Protect your family and your rights with Plat Simionati LLP

At Plat Simionati LLP, we are committed to advocating for your rights and providing clear guidance through the complexities of family law. We understand that these matters strike at the very heart of family, affecting your closest relationships and personal well-being.

Our dedicated team is here to support you through these challenging times, ensuring that your interests are protected and that you receive the justice and resolution you deserve. Whether you are dealing with issues related to divorce, child support, spousal support, or family violence, we are here to help. Contact us today to schedule a consultation and take the first step towards securing your future and the future of your loved ones.