Safety Planning for Survivors of Domestic Violence We asked Evan Clemence, family lawyer at Gelman & Associates, some commonly asked questions about safety planning for survivors of domestic violence in Ontario. Please be advised that these answers are not intended as legal advice, but rather as an introductory overview on a legal subject. For legal advice …
Read MoreIntimate partner violence is an enduring societal concern that encompasses a range of abuses, from physical violence to psychological manipulation. Acknowledging the significance of addressing this issue, the Ontario Court of Appeal recently dealt with a crucial case that revolved around the creation of a new tort for family violence. In Ahluwalia v. Ahluwalia, 2023 …
Read MoreWe asked Evan Clemence, family law lawyer at Gelman & Associates, some commonly asked questions about family law proceedings in Ontario. Please be advised that these answers are not intended as legal advice, but rather as an introductory overview on a legal subject. For legal advice regarding family law proceedings in Ontario, we recommend consulting with …
Read MoreWritten by: Annette Nyland The short answer is yes, but the decision allowing spouses to be awarded damages for abuse and/or domestic violence is being appealed. The Divorce Act was amended in March 2021 and the definition of family violence now includes “a pattern of coercive and controlling behaviour” and conduct that “causes the plaintiff …
Read MoreFamily violence has not historically been recognized as a civil tort, but recently in the matter of Ahluwalia v. Ahluwalia, 2022 ONSC 1303 [Ahluwalia], Justice Mandhane of the Ontario Superior Court of Justice awarded damages in the amount of $150,000 to Ms. Ahluwalia (the “Wife”) to be paid by Mr. Ahluwalia (the “Husband”). In the …
Read MoreDomestic violence isn’t often as clear as it appears. Domestic violence is about dominating someone’s thoughts and emotions just as much as it is about injuring them physically. Being assaulted might leave you feeling terrified and perplexed. You may find it difficult to perceive your partner’s acts for what they are. Physical abuse isn’t often …
Read MoreIf you know or believe that someone you care about is a victim of domestic abuse, you may want to help them but are unsure of what you can do. Don’t let your fear of saying anything inappropriate keep you from reaching out. Waiting for the correct words may prevent you from taking the chance …
Read MoreWhen domestic violence occurs, it makes sense that the victim of the violence would want to place themselves as far away as possible from the perpetrator of the violence. However, it’s important to remember that when children are involved, taking action such as moving across the country cannot necessarily be done unilaterally. A recent decision …
Read MoreThe New York Times this week reported on the alarming phenomenon of domestic abusers using smart home technologies, including Wi-fi connected locks, lights, cameras, thermostats and speakers, as a tool in harassing, watching, and controlling their spouses or partners. Smart Home Technologies Used for Abusive Aims In recent years, technologies including digital assistants such as …
Read MoreAn Ontario woman, who falsely accused her ex-husband of a number of violent acts including attempted rape and domestic violence, has been sentenced to jail time. The woman claimed that her ex-husband broke into her apartment, threw her onto her bed, choked her repeatedly, threatened to kill her, and attempted to rape her several times. …
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