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-   -   Precedent setting DV case (https://www.ottawadivorce.com/forum/showthread.php?t=23994)

Stillbreathing 05-17-2022 11:54 PM

Precedent setting DV case
 
Came across a fascinating case in Brampton Ontario that was in the news.

Ahluwalia vs Ahluwalia 2022/02/28
Court file: FS-16-87188

Paragraph 112:
The judge wrote
“The mother is entitled to $150,000.00 in damages in relation to the family violence she experienced during the marriage”.

I believe the mother was a self rep who brought a tort claim for damages during her divorce proceedings which the justice Mandhane J allowed.

I’m not at my home computer so can’t post a Canlii link to this case. Somebody else might want to post the link.

blinkandimgone 05-18-2022 07:57 AM

Here you go:

https://www.canlii.org/en/on/onsc/do...?resultIndex=5

Islandmom 05-18-2022 01:09 PM

Yes. Finally abuse is being looked at by the Family Law courts. This case(though it may still be appealed) helps me greatly.

pinkHouses 05-18-2022 03:25 PM

Here is a bit from the case:
Quote:

The next physical assault occurred on a November 2008 evening in Brampton. After coming home intoxicated, the Father accused the Mother of flirting with their mutual male friend who had been over earlier that day to help fix a computer. After hurling verbal accusations, the Father slapped the Mother, grabbed her by the neck, pulled her hair bun, and strangled her, stating he would “teach her a lesson” and questioning, “Will you do it again? Will you do it again?” The abuse ended when the Mother struggled free and ran to the kitchen, gasping for air and in need of water. The Father eventually passed out.
that was a sample.

Huh? As far as I know abuse has always been looked at by the Family Law Courts, there are plenty of posts about domestic violence charges, stalking etc being brought in. What are you referring to?

I thought you were all ready to settle and get this done and over with but with all those posts looking for people to support you I doubted.


There is all sorts of abuse, basically gaslighting / lying is also a form of violence under Family Law. Threatening to kill pets etc or destroy someone's finances too. those are the type of things not looked at so intently until the last couple of years. The stuff that that guy did has always been looked down upon. Anyone care to expand?

Stillbreathing 05-18-2022 04:35 PM

There was a newspaper article last week that explained the significance of this case in more detail. The mother basically brought a civil suit against the father for damages incurred from his abuse in addition to the regular application for divorce which until this case, was unheard of. Judges in family court are supposed to look at abuse when determining the best interests of the child and perhaps the victims ability to become self sufficient financially when determining spousal support. This award for damages has nothing to do with the usual family law financial distribution of assets, cs or ss. This award is in addition to any equalization payment as a separate award, which has never been ordered before as a part of divorce proceedings. That’s what makes it so unique. Plus, of all things, it was a self represented litigant who accomplished this! Unbelievable! A real David and Goliath story. It opens the door for other domestic violence victims to apply for similar awards in family court !

The article appeared in the Toronto star April 7, 2022 and states the husband is appealing the ruling. It will be interesting to see what the appeals court has to say!

Somebody may want to link the article to this thread as it explains the significance of this “landmark” ruling in more detail.

Islandmom 05-19-2022 05:00 PM

This is what I meant - they’re awarding damages now within the family law courts.

False allegations make me furious - it makes the path that true victims of DV much harder. I actually waited and suffered extra abuse so that I could gather evidence to prove what was happening. There is no discussion about what happened or didn’t happen in my case - it’s on CCTV.

iona6656 05-19-2022 06:20 PM

Quote:

Originally Posted by Stillbreathing (Post 250622)
There was a newspaper article last week that explained the significance of this case in more detail. The mother basically brought a civil suit against the father for damages incurred from his abuse in addition to the regular application for divorce which until this case, was unheard of. Judges in family court are supposed to look at abuse when determining the best interests of the child and perhaps the victims ability to become self sufficient financially when determining spousal support. This award for damages has nothing to do with the usual family law financial distribution of assets, cs or ss. This award is in addition to any equalization payment as a separate award, which has never been ordered before as a part of divorce proceedings. That’s what makes it so unique. Plus, of all things, it was a self represented litigant who accomplished this! Unbelievable! A real David and Goliath story. It opens the door for other domestic violence victims to apply for similar awards in family court !

The article appeared in the Toronto star April 7, 2022 and states the husband is appealing the ruling. It will be interesting to see what the appeals court has to say!

Somebody may want to link the article to this thread as it explains the significance of this “landmark” ruling in more detail.

I'm going to look for the article now.

This is amazing. SERIOUSLY AMAZING.

When I left- I started putting together a small claims case against my ex for the absolute hell he put me through with the abuse. I had real damages- I took a massive paycut to move to be near my family for protection (not only for childcare)- but until I moved to another job- I moved back in with my parents (on the advice of the detective on my matter)- and spent well into $800+ a month on 407 fees. Also- I was pissed. I was so mad over the things he did. And while people have sued for abuse- it's about where you spend your resources. Often you're in the family court process- and it makes more sense to save your money and energy to fight for your kid- and pay for a therapist.

But this? This will ensure access to justice for victims of IPV.

iona6656 05-19-2022 06:22 PM

Quote:

Originally Posted by Brampton33 (Post 250626)
In the same conversation, there should be harsh penalties for false allegation of abuse in Family Court....where one parent alleges it to gain tactical advantage. If allegations are false, dismissed or discredited, such parent should lose custody altogether.

There are those cases, they've been posted here from time to time.

And I don't think this should be in the same breath. At all. What is talked about in this ruling is damages for substantiated intimate partner violence. Separate and apart from impacts to custody.

Islandmom 05-21-2022 12:41 PM

Can we actually have this thread be free of discussion of false allegations? I get it - there are terrible people who suddenly come up with false allegations in the midst of divorce.

I suffered in complete silence for years. Nobody knew what I was dealing with behind closed doors. Not even my best friend. It’s only a year ago that I finally shared with one friend. And I still didn’t tell her everything.

But I suffered continual abuse until I was able to get hard evidence because I knew there would be an accusation that I was making it up(and shock… there was). Getting it on video is the smartest thing I’ve ever done. And getting that evidence was necessary due to the reality that people who make false allegations have made this path so much harder for those who have suffered real dv/ipv.

Can this section of the page be free of false allegation discussions? Can that go somewhere else?

Stillbreathing 05-21-2022 05:41 PM

This case should be stickied in this section


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