Hull on Estates

← Hull on Estates30 jun · 12 min

746 - A New Tort, New Claims: The Intersection of Intimate Partner Violence and the SLRA

746 - A New Tort, New Claims: The Intersection of Intimate Partner Violence and the SLRA30 jun12 min

On this week's episode, Natalia Angelini and Jordyn Sanford examine Ahluwalia v. Ahluwalia and the Supreme Court's recognition of the new tort of intimate partner violence (IPV). The discussion reviews the Court's three-part test and highlights the evidentiary and conceptual challenges associated with proving the third element, coercive control. The principal focus is on the decision's implications for estate litigation, including whether tort claims may be advanced alongside dependant support claims under the Succession Law Reform Act, the types of evidence required, the nature of damages available, and strategic considerations such as sequencing of remedies and the likely application of the limitation period under the Trustee Act.