The Supreme Court of Canada has established a new tort of intimate partner violence, allowing victims to seek financial compensation by proving their partner intentionally engaged in abusive conduct that amounted to coercive control when viewed in context, making it easier for survivors to obtain damages and potentially deterring future violence.
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New pathway to sue for intimate partner violenceAdded:
This is a huge moment, in recognition of intimate partner violence in Canadian law. The Supreme Court of Canada has created a new tort of intimate partner violence. A tort is a legal term for a civil claim to seek damages after being harmed. Advocates say this will make it easier for victims to get cash compensation. is that the law continues to evolve.
It continues to recognize other aspects.
Uh, and so this is one of those moments where we're we're seeing change. The case briefing outlines that a victim must show their partner, quote, intentionally engaged in abusive conduct, and that the conduct amounted to coercive control when viewed in context. BC was an intervener in the case. It's a historic day, very monumental when it comes to a transformation in law for something that was badly needed. A lot of people in Canada know or have experienced intimate partner violence.
It genuinely changes the kinds of accountability and compensation that survivors of intimate partner violence can seek from the courts in Canada.
>> Those who have followed the case are commending the courage of the Ontario woman who brought this to court. We have to acknowledge Kuldeep Ahluwalia, who who stood in her power and used her voice. And literally during COVID times, self-represented at the start. She put this issue on the table. She's the one that is the hero here. She's the one that has the big victory. And we stand on her shoulders today, and we're very grateful for her. While advocates welcome this new ability for victims and survivors of intimate partner violence to pursue damages, they also hope this acts as a further deterrent against violence in the first place. Martin MacMahon, CTV News, Vancouver.
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