Supreme Court of Canada Hearings

The parties were married in 1999 in India. During their sixteen years of marriage, they had two children. The trial judge found that Mr. Ahluwalia was abusive during the marriage. The trial judge accepted Ms. Ahluwalia’s evidence that the parties’ relationship was characterized by a pattern of emotional and physical abuse and financial control. Ms. Ahluwalia testified to three specific incidents of physical violence: in 2000, 2008, and 2013. Ms. Ahluwalia brought an action for statutory relief and also claimed damages for Mr. Ahluwalia’s conduct during the marriage. Justice Mandhane, the trial judge, awarded Ms. Ahluwalia $100,000 in compensatory and aggravated damages for the new tort of family violence. She also awarded an additional $50,000 in punitive damages for a total of $150,000 in damages. Benotto J.A., for the Court of Appeal, allowed the appeal in part and reduced the damage award by $50,000. The Court of Appeal declined to recognize the new torts of domestic violence or coercive control as defined in this case.

Argued Date

2025-02-11

Keywords

Family law – Tort of family violence – Was Justice Mandhane correct in recognizing a tort of family violence?

Notes

(Ontario) (Civil) (By Leave)

Language

English Audio

Disclaimers

This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).