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La Cour suprême reconnaît le délit d’intimate partner violence fondé sur le contrôle coercitif dans une relation intime et confirme 100 000 $ en dommages compensatoires.
The Supreme Court of Canada recognized a new tort of intimate partner violence, holding that coercive control in a marital relationship can create a distinct civil wrong.
Trial judge found plaintiff's accounts internally inconsistent and inherently implausible, and materially contradicted by credible third‑party witnesses (particularly Mendel and Boyetchko) who described prolonged consensual interactions; on balance of probabilities first touching was consensual and second violent battery was not proven; further, even assuming liability, medical evidence did not establish on a balance of probabilities that the alleged second battery caused the claimed concussion/epilepsy; claim therefore dismissed.
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The Federal Court found a correctional officer used unjustified force against Kelsey Stewart, causing facial injuries. It awarded $50,000 for battery and $15,000 for Charter vindication.
On the balance of probabilities the respondent's allegations of physical and sexual assault and intentional infliction of mental distress were not proven due to credibility concerns, inconsistent and omitted evidence, failure to call independent corroborating witnesses and limited probative weight of recordings; property is divisible equally after crediting respondent's established excluded equity and valuing the family home at trial date; claimant entitled to a monetary award of CAD 301,967 representing his share after adjustments; costs each party bears own costs.
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Parts 1 and 3 of the Further Amended Notice of Civil Claim were struck out with leave to amend because the pleadings contained substantial amounts of evidence and unnecessary material and failed to concisely plead material facts and the specific elements required to meet statutory immunities and vicarious liability issues; summary judgment was denied because affidavit evidence was inadequate, hearsay concerns and disputed records created genuine issues for trial; security for costs was denied because plaintiff's impecuniosity and steps taken to address finances made an order disproportionate…
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Appeal dismissed from summary dismissal of medical malpractice claims. The Court held the appellant needed her own expert evidence, and the fresh evidence would not change the result.
Appeal from class-proceeding certification partly allowed. Battery and several remedial common issues were struck, but the rest of the certification order was upheld.
The court granted divorce, parenting, support, property, and tort relief, reassigned the family home 75/25 to the respondent, and awarded damages for battery.
The court granted summary dismissal of a medical malpractice and fraud claim, finding no admissible expert evidence, no basis for conspiracy, and valid consent to surgery.
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