As demonstrated in the recent case of Pichie v. Pichie, 2024 ONSC 2868, family violence in marriage is increasingly being addressed through legal action, rather than being swept under the rug.
This case highlights the shift where judges now grant financial compensation for physical and psychological injuries inflicted on a spouse by a spouse. In this case, the couple separated in October 2016, but in the years beforehand, the husband subjected the wife to multiple instances of assault, including a serious incident which led to his criminal conviction. Despite being served with the wife’s claim for damages, the husband did not respond, resulting in this default judgment.
The wife’s case before the Ontario Superior Court of Justice relied on extensive evidence, including affidavits from medical professionals detailing her physical injuries, psychological reports, and records substantiating her ongoing pain and impairment. Her physical injuries impacted her ability to work, causing her chronic pain and limiting her employment options. Plus, she endured psychological distress.
Following a detailed assessment, the Justice awarded the wife:
General damages of $75,000
Aggravated damages of $25,000
Damages for loss of earning capacity of $15,000
Pre-judgment interest and costs of $41,060
This case underscores a growing judicial recognition of the profound impact of domestic violence, urging courts to address such cases with appropriate severity and compensation. The damages not only aim to redress the wife’s injuries, but also serve as a deterrent against future incidents of marital abuse.
In conclusion, this legal precedent signifies a critical step in holding perpetrators of family violence accountable and providing meaningful restitution to survivors, thereby challenging societal norms that previously allowed such abuse to go unchecked.
Steve Benmor, B.Sc., LL.B., LL.M. (Family Law), C.S., Cert.F.Med., C.Arb., FDRP PC, is the founder and principal lawyer of Benmor Family Law Group, a boutique matrimonial law firm in downtown Toronto. He is a Certified Specialist in Family Law, a Certified Specialist in Parenting Coordination and was admitted as a Fellow to the prestigious International Academy of Family Lawyers. Steve is regularly retained as a Divorce Mediator/Arbitrator and Parenting Coordinator. Steve uses his 30 years of in-depth knowledge of family law, court-room experience and expert problem-solving skills in Divorce Mediation/Arbitration to help spouses reach fair, fast and cooperative divorce settlements without the financial losses, emotional costs and lengthy delays from divorce court.
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