In May of this year, the Supreme Court of Canada recognized a new civil tort. It relates to domestic/intimate partner violence, and came about after the Ahluwalia v. Ahluwalia case. This 6-to-3 decision by the court has granted survivors the ability to sue their abusers in civil court for financial compensation. The first person to benefit from this tort is an Ontario woman, who has just been awarded $400,000 for the “many physical and psychological harms” her husband inflicted upon her over the 54 years that they were married. This opens new doors for people who have suffered abuse to receive fair compensation from those who harmed them.
54 Years of Abuse
Photo by Priscilla Du Preez 🇨🇦 on Unsplash
Justice Susan Vella, the judge overseeing the course, found that the woman’s husband abused her terribly over the decades they were together. In addition to slapping, punching, and choking his wife, he broke her front teeth with a glass ketchup bottle. He also attacked her with a hammer or hatchet on two separate occasions. The husband also had over 500 firearms in the house, including machine guns.
According to the wife’s testimony, whenever he was angry with her, he would take out a gun. In his own words, he had either a “25 cent or ten cent solution” for her. She took this to mean that the solution was the cost of the bullet that he would use to end her life.
The woman sought compensation for the sustained abuse she suffered for so many years.
In addition to her testimony, all four of her children testified on their mother’s behalf. They also submitted extensive medical records, as well as photographs, audio, and video recordings as evidence.
Related Article: Early Childhood Trauma Affects Brain Development Like PTSD
The Compensation Fit the Crime
Prior to the Ahluwalia vs. Ahluwalia case, awards for domestic violence damage fell within the $100,000 to $200,000 range. The amount granted to the woman in this case is double that. The court’s intention here is to show everyone that intimate marital or partner violence is a serious wrong that deserves fair compensation.
At this point in time, there are no details as to whether the husband has been charged with assault or not.
If you or someone you care about is experiencing domestic violence, visit the Domestic Violence website here.
Or, you can contact:
National Domestic Violence Hotline (USA)
Call: 1-800-799-SAFE (7233)
Text: START to 88788
Canadian Service for Victims of Crime
1-877-232-2610
Featured image by Michal Bednarek via Dreamstime.com