DOMESTIC VIOLENCE - Spousal abuse - Civil actions and liabilities - Tort claims

Law360 Canada (August 24, 2023, 6:22 AM EDT) -- Appeal by husband from trial judgment awarding damages for new tort in a family action on grounds that trial judge erred in assessing damages, among others. The parties were married in 1999 in India. The husband immigrated to Canada. The wife and their child followed. When they arrived in Canada, they had little social and financial support. They had their second child. The couple separated. The children had, apart from a few visits, essentially refused to see their father post-separation. The wife brought an action for statutory relief including divorce, child support, spousal support and property equalization, and claimed damages for the husband's conduct during the marriage. The trial judge found the husband was abusive during the marriage. This was not disputed on appeal. The trial judge held the Divorce Act did not create a complete statutory scheme for addressing all the legal issues arising in a situation of alleged family violence. She then recognized a new tort of family violence. The husband conceded he was liable in damages although he disputed the amount awarded. He objected to the novel tort, which he said should not be recognized....
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