A Brampton judge misunderstood the law when she created a new legal path for survivors of intimate-partner violence to sue in civil court, the Court of Appeal has ruled, rejecting what had been hailed as a landmark decision.
, Superior Court Justice Renu Mandhane created a new tort of “family violence” in a decision that found a GTA woman was entitled to damages for a years-long pattern of abuse by her ex-husband.
She found that the couple’s relationship had been marked by a years-long pattern of physical and emotional abuse and financial control by the ex-husband, and that he was liable under the new tort of family violence. She ordered the man to pay his ex-wife $150,000 in damages.. He did not dispute before the top court that he was abusive during the marriage, and conceded that he was liable for damages, though not in the amount ordered by Mandhane.
“The issue before the court is not whether intimate partner violence exists. It does. It is not about whether societal steps should be taken to ameliorate the problem. They should be,” she wrote. Benotto, writing for the unanimous appeal panel which included Justices Gary Trotter and Benjamin Zarnett, concluded she would not recognize the new tort of family violence.
“In summary, the trial judge’s concern that ‘long-term, harmful patterns of conduct that are designed to control or terrorize’ are not captured by existing torts is misplaced,” Benotto said.
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