Written 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 MoreAn Ontario court recently explored whether interim child support should be ordered when the payor spouse was incarcerated on the basis of imputing income to the jailed spouse. The Parties’ Relationship The parties separated sometime in the first half of 2017, after approximately five years together. They had never married, but had two daughters, aged …
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 MoreThe Court of Appeal recently ruled on a situation involving complicated family dynamics, allegations of abuse, and a restraining order. The Court removed a condition in an order requiring a father to attend family counselling meetings with his ex-wife, her new partner, and the former couple’s children. The Court did not find these terms appropriate …
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. …
Read MoreA recently introduced private members bill from Toronto MPP Mike Colle seeks to direct insurers to pay out claims for cases involving domestic violence. The Innocent Persons Insurance Recovery Act was introduced by Colle in the wake of a CBC investigation that exposed clauses found in some insurance company policies that nullify fire damage coverage …
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