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A New Tort Called “Family Violence”

A New Tort Called “Family Violence”

From Financial Post: A judge in an Ontario court recently ordered a husband to pay his former wife damages for physical and psychological abuse she suffered in a abusive marriage. In making the award, the court gave life to a new tort, or civil wrong, of “family violence” that addresses the cumulative impact of an abusive marriage.

The wife suffered serious physical and psychological assaults during the years of marriage. At trial, wife revealed that she had been suffered from "hard beating," being shaken, slapped and even strangled. The psychological assaults were also severe. The husband belittled and insulted the wife and repeatedly threatened to leave her and the children penniless.

Over the course of an 11-day trial, Justice Mandhane was asked to determine the mother’s claim for “general, exemplary and punitive damages for the physical and mental abuse” arising from the father’s abusive behavior. Justice Mandhane agreed with the mother and, in so doing, penned a new tort called family violence.

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