This case is about access to justice for survivors of family violence. 

LEAF is intervening before the Supreme Court of Canada. 

Facts 

Throughout their marriage, Mr. Ahluwalia abused Mrs. Ahluwalia through a pattern of emotional abuse, physical abuse, and financial control. Mrs. Ahluwalia started divorce proceedings and asked for child support, spousal support, and property equalization. She also asked specifically for damages for the family violence she suffered during the marriage. 

A tort is a wrong specifically recognized by the legal system, and for which the legal system can provide a remedy like monetary damages. Before this case, survivors of family violence could ask for damages under separate torts including assault, battery, and the intentional infliction of emotional distress. The trial judge decided that Mrs. Ahluwalia should receive damages under a new tort of family violence, saying that this would improve access to justice for family violence survivors.  The Court of Appeal for Ontario said that there was no need for a new tort and survivors should just use the different torts that already existed. 

Arguments 

LEAF will focus our arguments on the need to consider access to justice when courts consider whether or not to create a new tort. We will highlight why the values underlying section 7 of the Charter – the right to life, liberty, and security of the person – support recognizing the tort of family violence. We will also call on the Court to provide clear guidance on how the tort of family violence should be considered, analyzed, and proven. 

Outcome 

The Supreme Court will hear arguments in this case in February 2025. 

Download LEAF’s factum.

LEAF is grateful to be represented by Pam Hrick (LEAF), Maneesha Mehra (Carson Chousky Lein LLP), and Surinder Multani (Niman Mamo LLP). 

LEAF’s interventions are guided, informed, and supported by a case committee with expertise in the relevant issues. We are grateful to this intervention’s case committee members (in alphabetical order): Natasha Bakht, Coline Bellefleur, Erika Chamberlain, Frances Chapman, and Sheila Gibb.