Damages awarded to victims of conjugal violence

A man who subjected his ex-wife to nine years of domestic violence was ordered by Quebec Superior Court to pay her nearly $47,000 in damages, the second time in less than a month that a Quebec court ordered an abusive spouse to pay damages for the violence they inflicted.

In a decision welcomed by family law experts and advocates against family violence who believe it is the harbinger of an emerging trend, Quebec Superior Court Justice Gregory Moore held that recent amendments to the federal Divorce Act (Act) “underline the sensibility that the the courts and parties must demonstrate faced with this challenge” to society. Justice Moore awarded more than $1,900 in damages, $30,000 in non-pecuniary damages and $15,000 in punitive damages.

“This is a developing trend because society in general rejects family violence, because there is heightened awareness by the courts over the issue of family violence, and because domestic violence is no longer viewed by the courts as being only a ground for granting divorce but as a possible cause of physical and psychological harm that must be compensated,” said Michel Tétrault, a family law expert who has written Droit de la famille.”

Read More

This story was originally published in The Lawyer’s Daily.

4 Replies to “Damages awarded to victims of conjugal violence”

  1. Pingback: - Law in Quebec
  2. We need a federal law that provides a broader definition of conjugal violence than what is currently provided in the criminal code saying that such coercive control in all its forms , is illegal. Ideally this would provide umbrella legislation for recourses, services and all the discrepancies that appear in the present court system when dealing with conjugal violence

Leave a Reply

Your email address will not be published.