Late last year a BC Supreme Court decision illustrated the fact that civil consequences for domestic violence can sometimes greatly outweigh even criminal consequences in a case where over $800,000 in damages were ordered to be paid.
This month the judiciary in Ontario blazed new legal ground by creating the tort of “family violence”.
In the recent case (Ahluwalia v. Ahluwalia) the parties were involved in divorce proceedings following a violent marriage. Over and above the typical payments for spousal support the Court created the tort of ‘family violence’ and ordered $150,000 in damages to be paid for this wrong. In creating this new tort the Court provided the following reasons: