Lawyers for the man argue the judge “erred in law by recognizing and applying the novel cause of action of family violence without any basis in the existing common law,” that the same issues could have been addressed under the existing law.
Superior Court Justice Renu Mandhane found that the courts had been at individual incidents of assault or emotional distress in domestic relationships and failing to capture the overall harm that can come from “long-term, harmful patterns of conduct that are designed to control or terrorize.” Instead, she created a new “family violence” approach that took into account the verbal cruelty, fear and financial abuse the woman endured from her ex-husband in addition to physical violence.
The lawyers also argue that Mandhane erred by including “cultural context” as part of the family violence analysis without expert evidence, and that she erred in determining the amount of spousal support by citing the woman’s “intersectional experience as a racialized and immigrant woman” to explain her difficulty in finding employment in Canada and the nature of her relationship with her husband without evidence.
They also commended Mandhane’s analysis of the barriers faced by the woman as an immigrant from India to Canada, who was often reliant on her husband’s income as she raised their children, and who faced family and perceived cultural pressure to remain in the marriage despite the abuse.
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