By Kayleigh Pink, Associate Research Lawyer,
Lam Family Law*

Keeping in touch with family law practitioners is a great way for research lawyers, including myself, to understand how court decisions are impacting the day-to-day life of family law lawyers. This summer, I’ve had the opportunity to connect and re-connect with many colleagues. A topic that appears to be on everyone’s mind, unsurprisingly, is the decision of Ahluwalia v. Ahluwalia, which recognized the new tort of intimate partner violence (IPV).

While some offered more academic and policy-related opinions, all of my conversations largely ended up being about the same core thing: how will the decision impact how family lawyers practice and how files unfold for clients? Common concerns included:

  • how the decision impacts ongoing files, including potential settlements,
  • the types of evidence required to prove the new tort,
  • how to prove and assess damages,
  • limitation period concerns, and
  • whether civil litigators have a role to play in cases where the tort is raised, whether in a consulting capacity, co-counsel, or otherwise.

Fortunately, members of the bar are already working on ways to help each other navigate the practical impacts of this new tort, including Joanna Radbord’s helpful and practical Tip Sheet, “A Primer on the Tort of Intimate Partner Violence”. I encourage you to take a look at this Tip Sheet, and I look forward to writing about any forthcoming guidance from our courts on this new tort of IPV. Stay tuned!

*with thanks to Vanessa Lam for her suggestions and edits.

This blog is informational only and should not be relied on as legal advice.