DAMAGES FOR FAMILY VIOLENCE STILL BEING AWARDED

Despite the ground-breaking case of?Ahluwalia v Ahluwalia,?2023 ONCA 476,?headed for re-consideration by the Supreme Court of Canada, victims of family violence are still collecting compensation for the injuries caused by their spouses.

?In the unopposed trial of Mikhail v. Mikhail, 2024 ONSC 4427 (CanLII), the wife testified that she?suffered multiple injuries by the husband’s hands during the marriage, and even after separation, while they cohabited in the matrimonial home.

?The Judge heard her unchallenged evidence that he attempted to suffocate her with a pillow, punched, slapped and choked?her,?dragged?her?down a flight of stairs by her hair, spat on?her?and demanded sexual intercourse from her.?

?The Judge found that this conduct constituted the?tortious acts of battery.?

?To quantify her injuries, the Judge considered that the wife was receiving?intensive psychotherapy for her anxiety and mental distress and was living in a constant?fear, which negatively impacted her long-term mental health and ability to work.?

?The Judge had this to say about the husband:

?“The father’s conduct was despicable, prolonged, highly blameworthy, and worthy of significant judicial rebuke. The mother was particularly vulnerable given that she was a racialized immigrant to Canada. The demand for physical intimacy is particularly aggravating. There is ample evidence before me that the mother suffered greatly, both physically and emotionally, from the father’s abusive disposition.”

?The wife was awarded $100,000 in aggravated and compensatory damages.?

CASE LINK:?https://www.canlii.org/en/on/onsc/doc/2024/2024onsc4427/2024onsc4427.html?resultId=68b716d265394227a6b776fee4fd25d8&searchId=2024-09-14T14:55:39:879/cfe5a48c59af459095514589216c675b

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#dometic violence

Benmor Family Law Group