The appellant husband appealed a trial judgment that created a novel tort of 'family violence' and awarded the respondent wife $150,000 in damages for intimate partner violence during their marriage.
The Court of Appeal held that while tort claims can be brought in family law proceedings, the trial judge erred in creating a new tort because existing torts—battery, assault, and intentional infliction of emotional distress—adequately address the pattern of physical, emotional, and financial abuse.
The Court also declined to recognize a proposed tort of 'coercive control'.
The Court upheld the $100,000 award for compensatory and aggravated damages but set aside the $50,000 punitive damages award, finding the other damages sufficient to achieve condemnation.
