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The Supreme Court of Canada recognizes a new tort of intimate partner violence.
The Supreme Court of Canada considered whether to recognize a new tort of intimate partner violence in the context of family law proceedings.
The appellant wife had suffered a 16-year pattern of physical, psychological, and financial abuse by her husband.
The majority of the Court recognized the new tort of intimate partner violence, focusing on the harm of coercive control and the deprivation of autonomy, dignity, and equality.
The Court allowed the appeal in part, modifying the trial judge's damages award to fall entirely under general compensatory damages for the new tort.
The dissenting judges argued that existing torts were sufficient to compensate the wife and that recognizing a new tort was unnecessary and procedurally inappropriate in this case.
The court reduced spousal support following the payor's retirement and dismissed the recipient's claims for retroactive spousal and child support.
The Respondent brought a motion to change seeking to terminate or reduce spousal support and life insurance obligations based on his retirement.
The Applicant cross-moved for retroactive spousal support and child support for an adult disabled child.
The court granted the Respondent's motion in part, reducing spousal support from $7,000 to $1,021 per month effective January 1, 2025, and maintaining a reduced life insurance obligation of $250,000.
The Applicant's cross-motion for retroactive spousal support adjustment and retroactive/ongoing child support for the adult disabled child was denied, as the child's needs were met by social assistance and existing assets, and the Applicant did not demonstrate need for retroactive support given her assets and the Respondent's financial hardship.
