Intimate partner violence (“IPV”) is an epidemic. When society thinks about IPV, they often focus on physical abuse. While physical abuse is certainly a serious and harmful aspect of IPV, it is just one of many forms of violence that individuals experience in abusive intimate partner relationships. However, the law surrounding IPV could be facing a major change, with potential reforms allowing survivors to seek civil remedies for various forms of family violence.
Remedies in family law
This past summer, I worked at Luke’s Place, a non-profit that provides family law support to women leaving abusive relationships. In 2018, over 40% of women in intimate partner relationships reported having experienced some sort of abuse by their partner – and that excludes all unreported abuse. While working at Luke’s Place, I met women who were experiencing physical, emotional, technological, financial and sexual abuse, as well as coercive control. Currently, the family law system does not have a remedy for this abuse. Family courts often don’t consider IPV when making decisions on issues such as child support and property division. That’s why the upcoming Supreme Court of Canada case, Ahluwalia v Ahluwalia, could be ground-breaking for the field of family law and for survivors of IPV.
A tort of family violence
In Ahluwalia, both husband and wife immigrated to Canada from India. The wife experienced emotional, financial, sexual and physical abuse by her husband throughout their marriage. He had been criminally charged with assault and uttering death threats, and this abuse was not disputed in court. In this case, the trial judge found the necessity for a new tort of family violence to be established. While criminal charges and convictions hold perpetrators of abuse accountable through way of punishment, survivors of IPV are often left with long-term consequences from the abuse, such as emotional trauma, damaged relationships, and financial hardship. This new tort of family violence could help to provide a civil remedy for survivors of IPV while also acknowledging the widespread issue of family violence in Canada.
On appeal, the husband argued that a new tort of family violence should not be created, claiming it would be too easy to prove, that it would open the floodgates of litigation, and is best to be left to the legislature. The Court of Appeal agreed that the trial judge erred in creating this new tort. The “floodgates” argument is difficult to get behind due to the clear lack of current support and justice for family violence survivors in our communities.
Next steps in Ahluwalia v Ahluwalia
On May 16, 2024, the Supreme Court of Canada granted leave to appeal for the July 2023 Court of Appeal decision. This is a major step in the direction of raising awareness and acknowledging the harms of family violence. It has the opportunity to be life changing for survivors of IPV, to whom a civil remedy could assist in providing legal redress for the abuse they endured during their relationship and its lasting impacts.
If you are interested in learning more about this case, the trial decision can be found at 2022 ONSC 1303, and the Appeal Court’s decision can be found at 2023 ONCA 476.
Keep an eye out on the Supreme Court docket as this case has the potential to significantly alter the future of family law.
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