- within Privacy, Insurance and Law Practice Management topic(s)
- with Senior Company Executives, HR and Finance and Tax Executives
- with readers working within the Accounting & Consultancy, Business & Consumer Services and Technology industries
What happens when the law recognizes a form of abuse that leaves no visible bruises?
Gavin Tighe and Stephen Thiele examine a landmark Supreme Court of Canada decision that officially recognizes intimate partner violence as a new tort.
The discussion explores how coercive control, psychological domination, financial manipulation, and long-term patterns of abusive behaviour can now give rise to civil claims even when traditional torts like assault do not apply.
Gavin and Stephen unpack the facts of the case, the legal test established by the Court, and the broader implications for family law, women's rights, cultural traditions, and the evolution of the common law.
They also debate whether courts should create new causes of action, whether damages adequately reflect the seriousness of the harm, and how an already strained justice system will manage the likely increase in litigation.
This episode offers a thorough look at how the law adapts to better understand and address modern forms of harm within intimate relationships.
Listen For:
2:59 Can Someone Commit Intimate Partner Violence Without Ever Being Physically Violent?
6:58 How Does This New Tort Challenge Traditional Cultural and Family Roles?
13:14 Why Did Canada's Supreme Court Create a Brand New Tort?
15:00 What Must Someone Prove to Win an Intimate Partner Violence Lawsuit?
25:02 Will This Landmark Decision Create More Pressure on Canada's Courts?
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
[View Source]
