Family Violence

Existing Torts Provide Adequate Remedies, New Tort Unnecessary, Court Finds The appeal judgment of a trial decision that created a new tort called family violence[1] was released. Firstly, ML Benotto JA determined that the trial judge (TJ) erred in creating a new tort of family violence. Recognizing that intimate partner violence is a pervasive social problem, the appellate judge reasoned that, for proposed nominate torts, a consideration is whether there are other adequate remedies. The TJ’s findings (such as that the husband physically assaulted the wife on three separate occasions) were sufficient for the verdicts that he committed assault, battery…

Learn about a recently created area of family-related liability The basic facts of this case are that it was a 17-year marriage; they were introduced to each other by their families in India; there were two children; the parties immigrated to Canada to pursue economic opportunities; they were both well-educated; the mother was responsible for caregiving while the father earned income outside the home. They separated in 2016 with the mother and children continuing to reside in the matrimonial home. At the end of this case, the mother was awarded the proceeds of sale of the matrimonial home, retroactive and…