In 2022, the Ontario Superior Court released the decision of Ahluwalia v Ahulwalia (Ahluwalia), which recognized “family violence as a new tort. Mrs. Ahluwalia argued that there are no existing torts that recognize the pattern of emotional, physical, and financial abuse she suffered throughout their marriage. Given this, the trial judge recognized a new tort of “family violence” to appropriately compensate her for the harm suffered.
On appeal, the Ontario Court of Appeal, overturned this decision and rejected the creation of the new tort. Justice Benotto reasoned that existing torts, such as assault and battery, are enough for family violence victims to recover. The case has since been referred to the Supreme Court of Canada and is currently in progress.
In this episode, Aisha and Reine explore the decision in Ahluwalia and the need for a new tort to cover coercive patterns of abuse with their guest Professor Mary Jo Maur. Professor Maur’s research focuses on improving family law procedural system to better serve all parties in a family law dispute. After a deep dive into the current state of tort law, and the Ontario Superior Court and Court of Appeal decisions, the episode considers the future role of tort law in addressing family violence.
Will current torts be an adequate resource for family violence victims to claim recover for harm suffered or will there be a need to adopt a new tort?
Aisha Khalif and Reine Lolas – Producers, Hosts, Editors
Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.
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Research Referred to in the Podcast:
Ahluwalia v Ahluwalia, 2023 ONCA 476
Amnesty International, “Open Letter: Coalition of 100+ Organizations Urge Ontario to Declare Intimate Partner Violence an Epidemic” (2024) https://amnesty.ca/human-rights-news/open-letter100-organizations-call-for-a-declaration-of-intimate-partner-violence-as-an-epidemic-in-ontario/
Garrett, Sarah M, “Coercive Control Legislation: Using the Tort System to Empower Survivors of Domestic Violence” (2023) 111:5 California law review 1601–1632.
LEAF, “Ahluwalia v Ahluwalia” (2024), https://www.leaf.ca/case_summary/ahluwalia-v-ahluwalia/
Maur, Mary-Jo, “The Ontario Court of Appeal’s Decision in Ahluwalia v. Ahluwalia – Prudence? Or Opportunity Missed?” (2023) 42:2 Canadian family law quarterly 107–129.
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