Expert Analysis

Revisiting Ahluwalia: Why mitigation and thin skull concerns miss the mark

By Rina Groeneveld ( June 11, 2026, 2:49 PM EDT) -- In his recent piece on Ahluwalia v. Ahluwalia, 2026 SCC 16, Gary S. Joseph raises concerns about how concepts such as mitigation and the “thin skull rule” will operate in the context of intimate partner violence tort claims (“More concerns about the SCC’s Ahluwalia decision”). He frames these as open questions left unresolved by the Supreme Court, suggesting they could make litigation more complex. As someone who works outside courtrooms but has spent considerable time helping women who live inside the realities the decision describes, and who has lived there myself, I was intrigued by these questions....
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