Civil Claims and Family Violence - Revision history

Nate Russell at 22:59, 3 April 2025

2025-04-03T22:59:35Z

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	==Introduction to the law of torts==		==Introduction to the law of torts==

	The word "tort" comes from the Latin word for "wrong" or "injustice." ''Tort law'' ~~covers things like personal injuries, motor vehicle accidents, negligence, assault and battery, trespass, and more~~. A tort is a breach of a duty someone owes to someone else, such as a duty not to hit someone, a duty to drive carefully, or a duty not to dig a hole someone might fall into. However, not all actions that cause harm are torts. It's crucial to talk with a lawyer to see if harm done to you is a tort.		The word "tort" comes from the Latin word for "wrong" or "injustice." ''Tort law'' is essentially a set of legal tools that developed to compensate people who have been harmed by someone else’s wrongful act or omission. A tort is a breach of a duty someone owes to someone else, such as a duty not to hit someone, a duty to drive carefully, or a duty not to dig a hole someone might fall into. However, not all actions that cause harm are torts. It's crucial to talk with a lawyer to see if harm done to you is a tort.

	Most tort claims come from the ''common law'', which means ~~the vast majority of them~~ developed over the course of decades, and even centuries, as courts ~~have~~ recognized ~~the need for~~ new kinds of legal claims to address different problems in society. As a result, tort claims are not ~~governed~~ by legislation the way family law claims are ~~governed by~~ the ''Family Law Act'', ''Divorce Act'' and the Child Support Guidelines~~, or the way criminal law is governed by the ''Criminal Code''~~. That said, some torts are "statutory torts" that are written into legislation. One example is claims for violation of privacy under the provincial ''Privacy Act'', which defines specifically what the tort of violation of privacy is.		Most tort claims come from the ''common law'', which means they developed and evolved over the course of decades, and even centuries, as courts recognized new kinds of legal claims to address different problems in society. As a result, tort claims are not created by legislation the way that family law claims are based on legislation like the ''Family Law Act'', ''Divorce Act'' and the Child Support Guidelines. That said, some torts are "statutory torts" that are written into legislation. One example is claims for violation of privacy under the provincial ''Privacy Act'', which defines specifically what the tort of violation of privacy is.

	===Damages===		===Damages===
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	===Specific tort claims===		===Specific tort claims===

	Canadian law students learn about tort law in their first year of study. ~~Tort law is~~ a ~~big~~ part of the Canadian legal system, and ~~it's easiest to think about tort law~~ as a ~~collection~~ of legal tools ~~created by~~ judges to ~~provide compensation to individuals~~ who have ~~been hurt, or whose property has been negatively affected, by a wrongdoer~~. Tort claims are divided into distinct torts, each with its ~~definition and~~ requirements. The most frequent tort claims in family violence cases are the torts of ''assault'' and ''~~battery~~''. In tort law, "assault" means wrongfully threatening someone, and "battery" means wrongfully ~~hurting~~ someone. Assault and battery can include sexual assault. ~~(It's important to know that spouses can sue each other for sexual assault.)~~		Canadian law students learn about tort law in their first year of study. It's a major part of the Canadian legal system and can be thought of as a set of legal tools judges have developed to address wrongdoing and compensate people who have suffered harm. Tort claims are divided into distinct torts, each with its own requirements. The most frequent tort claims in family violence cases are the torts of ''assault'', ''battery'', and ''intentional infliction of emotional distress''. In tort law, "assault" means wrongfully threatening someone, and "battery" means wrongfully applying force without the victim's consent. The tort of ''intentional infliction of mental distress'' holds someone legally responsible when their outrageous, deliberate behavior causes another person serious, provable mental harm. Assault and battery can include sexual assault.

	Other possible torts in family violence cases include ~~''intentional infliction of mental suffering'',~~ ''public disclosure of private fact'', and ''false imprisonment''. Note that tort law uses specialized language, so your understanding of what "mental ~~suffering~~" is might differ from how tort law defines it.		Other possible torts in family violence cases include ''public disclosure of private fact'', and ''false imprisonment''. Note that tort law uses specialized language, so your understanding of what "mental distress" is might differ from how tort law defines it.

	Torts are a developing ~~area of law. It is important~~ to be ~~cautious~~ and ~~seek legal advice before using torts because~~ of ~~these changes~~. In the ~~context~~ of family violence, ~~the~~ Ontario Court of Appeal in ''[https://canlii.ca/t/jz277 Ahluwalia v. Ahluwalia]'', 2023 ONCA 476, ~~clarified~~ that existing torts like battery, assault, and intentional infliction of emotional distress are sufficient to address the ~~harms resulting from~~ family violence.		Torts are always developing, although changes tend to be gradual and in response to broader changes within society as a whole. As family violence, and society's concerns about it, has gained more attention, the Canadian courts have been asked to consider expanding tort law to address the harms of family violence in new ways. In 2022, the Ontario Superior Court recognized a new, stand-alone ''tort of family violence'' in the trial decision of ''[https://canlii.ca/t/jmpnf Ahluwalia v. Ahluwalia]'', 2022 ONSC 1303. The Ontario Court of Appeal overturned that finding in ''[https://canlii.ca/t/jz277 Ahluwalia v. Ahluwalia]'', 2023 ONCA 476, concluding that existing torts (like battery, assault, and intentional infliction of emotional distress) are sufficient to address the problems of family violence. In February 2025, the Supreme Court of Canada heard arguments to determine if such a new tort should be recognized across Canada. A decision is expected in 2025, and it could influence the way courts handle family violence claims in the future. It is important to seek legal advice before relying on any specific tort, as the law in this area may change significantly depending on the Supreme Court of Canada's ruling.

	===Starting a civil claim===		===Starting a civil claim===

	A tort claim~~, such as for assault and battery,~~ is a ''civil claim'' and must be made by the person who has suffered the harm ~~from family violence~~. A tort claim about an incident that happened within a domestic relationship can ~~either~~ be made alongside a family law claim in a family law proceeding, or as a stand-alone tort claim in a general civil proceeding.		A tort claim is a ''civil claim'' and must be made by the person who has suffered the harm. A tort claim about an incident or series of events that happened within a domestic relationship can be made alongside a family law claim in a family law proceeding, or as a stand-alone tort claim in a general civil proceeding.

	To ~~make~~ a tort claim ~~part of~~ a family law proceeding, you ~~will~~ start your ~~claim~~ in the Supreme Court of British Columbia by filing a Notice of Family Claim. (The family court division of the Provincial Court cannot hear tort claims~~.) Your~~ tort claims ~~will~~ be ~~described along with your family law claims. To bring the tort claim in~~ a ~~stand-alone civil proceeding, you will likely also start your claim in the~~ Supreme Court by filing a Notice of Civil Claim. (While tort claims can be heard in the small claims division of the Provincial Court, that court is limited to making awards of $35,000 or less. You could also file with the Civil Resolution Tribunal, but it can only make awards of $5,000 or less.)		To include a tort claim in a family law proceeding, you must start your case in the Supreme Court of British Columbia by filing a Notice of Family Claim. The family court division of the Provincial Court cannot hear tort claims, so any family violence–related tort claims need to be added to a Supreme Court case.

	~~Because different courts have different rules, where~~ you ~~choose~~ to bring ~~your~~ tort claim can ~~have a significant impact on how~~ the ~~case proceeds~~. It is ~~important~~ to ~~speak~~ to ~~a lawyer~~ to ~~fully understand~~ which court is ~~best~~ for your ~~case~~.		If you wish to bring a tort claim on its own, you will likely file a Notice of Civil Claim in Supreme Court. Although certain tort claims can be brought in the Provincial Court’s small claims division, that court’s monetary jurisdiction is limited to $35,000. The Civil Resolution Tribunal can also hear some small claims matters, but it is limited to awards of $5,000 or less.

			Because different courts or tribunals have different rules, procedures, and monetary limits, it's wise to get legal advice to figure out which court is most appropriate for your tort claim.

	Another consideration when starting a tort claim is ''timing''. It is crucial that you bring the claim within the proper limitation period. (We'll talk about limitation periods a bit later.) If you do not file your claim in time, you will miss your opportunity to bring your claim at all. Again, it is important to speak to a lawyer to understand the limitation period that applies to your case.		Another consideration when starting a tort claim is ''timing''. It is crucial that you bring the claim within the proper limitation period. (We'll talk about limitation periods a bit later.) If you do not file your claim in time, you will miss your opportunity to bring your claim at all. Again, it is important to speak to a lawyer to understand the limitation period that applies to your case.
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	===The challenges of tort claims===		===The challenges of tort claims===

	This discussion is not meant to discourage individuals who have suffered family violence from making tort claims. It is meant to raise some of the difficulties that can accompany tort claims relating to family violence. Despite these challenges, it can be empowering to hold an abusive ~~personal~~ accountable for their behaviour. If you have been sexually or physically assaulted, you should talk to a lawyer experienced in handling such claims and seek advice to determine whether your case is likely to succeed.		This discussion is not meant to discourage individuals who have suffered family violence from making tort claims. It is meant to raise some of the difficulties that can accompany tort claims relating to family violence. Despite these challenges, it can be empowering to hold an abusive person accountable for their behaviour. If you have been sexually or physically assaulted, you should talk to a lawyer experienced in handling such claims and seek advice to determine whether your case is likely to succeed.

	====Costs====		====Costs====

Nate Russell: Clicklaw directory link edit

2024-08-27T23:27:43Z

Clicklaw directory link edit

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	A limitation period is a deadline by which a claim must be made and a court action started. If a limitation period applies to a claim, and that period has expired, you cannot make that claim anymore. For many torts, including assaults involving people who are strangers, the limitation period is generally two years after the incident. Where assault involves people in an intimate relationship, or where the victim was in a relationship of dependency with the attacker, there is no limitation period. There is also no limitation period for claims relating to sexual assault, regardless of the relationship between the attacker and the victim.		A limitation period is a deadline by which a claim must be made and a court action started. If a limitation period applies to a claim, and that period has expired, you cannot make that claim anymore. For many torts, including assaults involving people who are strangers, the limitation period is generally two years after the incident. Where assault involves people in an intimate relationship, or where the victim was in a relationship of dependency with the attacker, there is no limitation period. There is also no limitation period for claims relating to sexual assault, regardless of the relationship between the attacker and the victim.

	Under section 3(1) of the provincial ''[~~http~~://canlii.ca/t/8qx3 Limitation Act]'', there is no limitation period for:		Under section 3(1) of the provincial ''[https://canlii.ca/t/8qx3 Limitation Act]'', there is no limitation period for:

	* claims relating to sexual assault,		* claims relating to sexual assault,
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	===Legislation===		===Legislation===

	* ''[~~http~~://canlii.ca/t/8qx3 Limitation Act]''		* ''[https://canlii.ca/t/8qx3 Limitation Act]''
	* ''[https://canlii.ca/t/849p Privacy Act]''		* ''[https://canlii.ca/t/849p Privacy Act]''

Nate Russell: From staging 2024

2024-01-15T23:13:10Z

From staging 2024

Show changes

Nate Russell: Nate Russell moved page Suing for Family Violence in a Family Law Claim to Civil Claims and Family Violence: new title for edition 2020

2023-04-12T21:41:25Z

Nate Russell moved page Suing for Family Violence in a Family Law Claim to Civil Claims and Family Violence: new title for edition 2020

← Older revision	Revision as of 21:41, 12 April 2023
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Nate Russell: /* Awards */

2019-07-19T23:12:37Z

Awards

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	* In ''[http://canlii.ca/t/1f56v Megeval v. Megeval],'' 1997 CanLII 3721 (BCSC), assault causing permanent disability resulted in $45,000 for general damages, $20,150 for past wage loss, $66,500 for future wage loss, $2,500 for future care, and $5,000 for punitive damages.		* In ''[http://canlii.ca/t/1f56v Megeval v. Megeval],'' 1997 CanLII 3721 (BCSC), assault causing permanent disability resulted in $45,000 for general damages, $20,150 for past wage loss, $66,500 for future wage loss, $2,500 for future care, and $5,000 for punitive damages.
	* In ''N.C. v. W.R.B.'' [1999] O.J. No. 3633 (Ont. S.C.J.), multiple instances of sexual, physical, verbal, and emotional abuse that caused post-traumatic stress disorder resulted in an award of $65,000 for general damages and $25,000 for aggravated damages.		* In ''N.C. v. W.R.B.'' [1999] O.J. No. 3633 (Ont. S.C.J.), multiple instances of sexual, physical, verbal, and emotional abuse that caused post-traumatic stress disorder resulted in an award of $65,000 for general damages and $25,000 for aggravated damages.
	* In ''[http://canlii.ca/t/fps0x Shaw v. Brunelle]'', 2012 ONSC 590, a serious wrist fracture resulting from physical ejection from the home resulted in $65,000 for general and aggravated damages, $25,000 for lost earning capacity, and ~~an unspecified amount~~ for ~~cost~~ of future care.		* In ''[http://canlii.ca/t/fps0x Shaw v. Brunelle]'', 2012 ONSC 590, a serious wrist fracture resulting from physical ejection from the home resulted in $65,000 for general and aggravated damages, $25,000 for lost earning capacity, and a figure for costs of future care (to be assessed by an actuary).

	These cases have been included only to give you a general idea of how the courts have treated tort claims based on family violence in the past. You should not rely on these cases to fix a dollar amount to your claim — seek legal advice from a lawyer with experience in this area.		These cases have been included only to give you a general idea of how the courts have treated tort claims based on family violence in the past. You should not rely on these cases to fix a dollar amount to your claim — seek legal advice from a lawyer with experience in this area.

Nate Russell: /* Awards */

2019-07-19T23:10:48Z

Awards

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	* In ''[http://canlii.ca/t/1k2jm Gould v. Sandau]'' 2005 BCCA 190, the trial judge awarded $2,500 for an assault that broke a hand.		* In ''[http://canlii.ca/t/1k2jm Gould v. Sandau]'' 2005 BCCA 190, the trial judge awarded $2,500 for an assault that broke a hand.
	* In ''[http://canlii.ca/t/1f56v Megeval v. Megeval],'' 1997 CanLII 3721 (BCSC), assault causing permanent disability resulted in $45,000 for general damages, $20,150 for past wage loss, $66,500 for future wage loss, $2,500 for future care, and $5,000 for punitive damages.		* In ''[http://canlii.ca/t/1f56v Megeval v. Megeval],'' 1997 CanLII 3721 (BCSC), assault causing permanent disability resulted in $45,000 for general damages, $20,150 for past wage loss, $66,500 for future wage loss, $2,500 for future care, and $5,000 for punitive damages.
	* In ''N.C. v. W.R.B.'' [1999] O.J. No. 3633 (Ont. S.C.J.), multiple instances of sexual, physical, verbal, and emotional abuse that caused post-traumatic stress disorder ~~was awarded~~ $65,000 for general damages and $25,000 for aggravated damages.		* In ''N.C. v. W.R.B.'' [1999] O.J. No. 3633 (Ont. S.C.J.), multiple instances of sexual, physical, verbal, and emotional abuse that caused post-traumatic stress disorder resulted in an award of $65,000 for general damages and $25,000 for aggravated damages.
	* In ''[http://canlii.ca/t/fps0x Shaw v. Brunelle]'', 2012 ONSC 590, a serious wrist fracture resulting from physical ejection from the home resulted in $65,000 for general and aggravated damages, $25,000 for lost earning capacity, and an unspecified amount for cost of future care.		* In ''[http://canlii.ca/t/fps0x Shaw v. Brunelle]'', 2012 ONSC 590, a serious wrist fracture resulting from physical ejection from the home resulted in $65,000 for general and aggravated damages, $25,000 for lost earning capacity, and an unspecified amount for cost of future care.

Nate Russell: /* Awards */

2019-07-19T23:05:29Z

Awards

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	* In ''[http://canlii.ca/t/fs8l9 D.G. v. R.M.]'', 2012 SKQB 296, the facts involved a single instance of “horrific” sexual assault including striking, kicking, and biting. $35,000 was awarded for general damages.		* In ''[http://canlii.ca/t/fs8l9 D.G. v. R.M.]'', 2012 SKQB 296, the facts involved a single instance of “horrific” sexual assault including striking, kicking, and biting. $35,000 was awarded for general damages.
	* In ''[http://canlii.ca/t/1k2jm Gould v. Sandau]'' 2005 BCCA 190, the trial judge awarded $2,500 for an assault that broke a hand.		* In ''[http://canlii.ca/t/1k2jm Gould v. Sandau]'' 2005 BCCA 190, the trial judge awarded $2,500 for an assault that broke a hand.
	* In ''[http://canlii.ca/t/1f56v Megeval v. Megeval],'' 1997 CanLII 3721 (BCSC), assault causing permanent disability resulted in $45,000 for ~~the injury~~, $66,~~000~~ for ~~lost wages and retraining~~, $2,500 for ~~medical~~ care, and $5,000 in punitive damages.		* In ''[http://canlii.ca/t/1f56v Megeval v. Megeval],'' 1997 CanLII 3721 (BCSC), assault causing permanent disability resulted in $45,000 for general damages, $20,150 for past wage loss, $66,500 for future wage loss, $2,500 for future care, and $5,000 for punitive damages.
	* In ''N.C. v. W.R.B.'' [1999] O.J. No. 3633 (Ont. S.C.J.), multiple instances of sexual, physical, verbal, and emotional abuse that caused post-traumatic stress disorder was awarded $65,000 for general damages and $25,000 for aggravated damages.		* In ''N.C. v. W.R.B.'' [1999] O.J. No. 3633 (Ont. S.C.J.), multiple instances of sexual, physical, verbal, and emotional abuse that caused post-traumatic stress disorder was awarded $65,000 for general damages and $25,000 for aggravated damages.
	* In ''[http://canlii.ca/t/fps0x Shaw v. Brunelle]'', 2012 ONSC 590, a serious wrist fracture resulting from physical ejection from the home resulted in $65,000 for general and aggravated damages, $25,000 for lost earning capacity, and an unspecified amount for cost of future care.		* In ''[http://canlii.ca/t/fps0x Shaw v. Brunelle]'', 2012 ONSC 590, a serious wrist fracture resulting from physical ejection from the home resulted in $65,000 for general and aggravated damages, $25,000 for lost earning capacity, and an unspecified amount for cost of future care.

Nate Russell at 23:00, 19 July 2019

2019-07-19T23:00:36Z

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	A ''limitation period'' is a deadline by which a claim must be made and a court action commenced. If there is an applicable limitation period for a claim, and if it has expired, you cannot make that claim anymore. For assaults involving people whose relationship is not personal or one of dependency, the limitation period is generally two years after the incident.		A ''limitation period'' is a deadline by which a claim must be made and a court action commenced. If there is an applicable limitation period for a claim, and if it has expired, you cannot make that claim anymore. For assaults involving people whose relationship is not personal or one of dependency, the limitation period is generally two years after the incident.

	Under s.3(1) of the provincial ''[http://canlii.ca/t/8qx3 Limitation Act]'', there is no limitation period for a number of claims, including:		Under section 3(1) of the provincial ''[http://canlii.ca/t/8qx3 Limitation Act]'', there is no limitation period for a number of claims, including:
	* claims relating to sexual assault (for anyone),		* claims relating to sexual assault (for anyone),
	* claims relating to assault, battery or misconduct of a sexual nature while the claimant was a minor,		* claims relating to assault, battery or misconduct of a sexual nature while the claimant was a minor,
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	* In ''[http://canlii.ca/t/fsxwh Bird v. Kohl]'', 2012 BCSC 1424, the serious shoulder fracture, concussion, lacerations, and scarring that resulted from repeated strikes with a shovel handle amounted to $75,000 for general damages, $15,000 for aggravated damages, $40,000 for lost wages, and $25,000 for lost earning capacity.		* In ''[http://canlii.ca/t/fsxwh Bird v. Kohl]'', 2012 BCSC 1424, the serious shoulder fracture, concussion, lacerations, and scarring that resulted from repeated strikes with a shovel handle amounted to $75,000 for general damages, $15,000 for aggravated damages, $40,000 for lost wages, and $25,000 for lost earning capacity.
	* In ''[http://canlii.ca/t/fwktw Constantini v. Constantini,]'' 2013 ONSC 1626, verbal abuse during the relationship and pre-meditated break-in and aggressive assault post-separation did not produce permanent disability, but it did result in post-traumatic stress disorder. $15,000 was awarded for general and aggravated damages.		* In ''[http://canlii.ca/t/fwktw Constantini v. Constantini,]'' 2013 ONSC 1626, verbal abuse during the relationship and pre-meditated break-in and aggressive assault post-separation did not produce permanent disability, but it did result in post-traumatic stress disorder. $15,000 was awarded for general and aggravated damages.
	* In ''[http://canlii.ca/t/fs8l9 D.G. v. R.M.]'', 2012 SKQB 296, a single instance of “horrific” sexual assault including striking, kicking, and biting. $35,000 was awarded for general damages.		* In ''[http://canlii.ca/t/fs8l9 D.G. v. R.M.]'', 2012 SKQB 296, the facts involved a single instance of “horrific” sexual assault including striking, kicking, and biting. $35,000 was awarded for general damages.
	* In ''[http://canlii.ca/t/1k2jm Gould v. Sandau]'' 2005 BCCA 190, the trial judge awarded $2,500 for an assault that broke a hand.		* In ''[http://canlii.ca/t/1k2jm Gould v. Sandau]'' 2005 BCCA 190, the trial judge awarded $2,500 for an assault that broke a hand.
	* In ''[http://canlii.ca/t/1f56v Megeval v. Megeval],'' 1997 CanLII 3721 (BCSC), assault causing permanent disability resulted in $45,000 for the injury, $66,000 for lost wages and retraining, $2,500 for medical care, and $5,000 in punitive damages.		* In ''[http://canlii.ca/t/1f56v Megeval v. Megeval],'' 1997 CanLII 3721 (BCSC), assault causing permanent disability resulted in $45,000 for the injury, $66,000 for lost wages and retraining, $2,500 for medical care, and $5,000 in punitive damages.

Nate Russell: /* Limitation periods */

2019-07-19T22:48:50Z

Limitation periods

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	==Limitation periods==		==Limitation periods==

	A ''limitation period'' is a deadline by which a claim must be made and an action ~~started~~. If there is an applicable limitation period, ~~once~~ it is expired you cannot make ~~the~~ claim. For assaults involving people whose relationship is not personal or one of dependency, the limitation period is generally two years after the incident.		A ''limitation period'' is a deadline by which a claim must be made and a court action commenced. If there is an applicable limitation period for a claim, and if it has expired, you cannot make that claim anymore. For assaults involving people whose relationship is not personal or one of dependency, the limitation period is generally two years after the incident.

	~~There is not likely any limitation period that applies to violence between spouses or between parents and children.~~		Under s.3(1) of the provincial ''[http://canlii.ca/t/8qx3 Limitation Act]'', there is no limitation period for a number of claims, including:
			* claims relating to sexual assault (for anyone),
	Under s.3(1) of the provincial ''[http://canlii.ca/t/8qx3 Limitation Act]'', there is no limitation period to ~~claims based on~~ sexual ~~misconduct.~~		* claims relating to assault, battery or misconduct of a sexual nature while the claimant was a minor,
			* claims relating to assault or battery while the claimant was an adult living in an intimate and personal relationship (or had a relationship of financial, emotional, physical, or other dependency) with a person who performed, contributed to, consented to, or acquiesced in the assault or battery.
	~~Similarly, there is no limitation period on~~ claims relating to ~~non-~~sexual ~~assault if~~ the claimant was a minor or living in a ~~personal~~ or dependency ~~relationship s.3(i)(k~~).

	==Awards==		==Awards==

Nate Russell: /* The challenges of tort claims */

2019-07-19T22:29:00Z

The challenges of tort claims

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	The first drawback of a tort claim is that you will, in all likelihood, have to hire a lawyer if you want to make a claim in tort against your spouse. The law governing tort claims is not set out in a statute, like the ''[[Family Law Act]]'' or the ''[http://canlii.ca/t/8487 Negligence Act]'', it's mostly based on the common law. In order to succeed in your claim, you will have to prove that the assault or sexual assault took place, and that injuries resulted. It is often quite complicated to prove injuries, especially where they are mainly psychological or emotional.		The first drawback of a tort claim is that you will, in all likelihood, have to hire a lawyer if you want to make a claim in tort against your spouse. The law governing tort claims is not set out in a statute, like the ''[[Family Law Act]]'' or the ''[http://canlii.ca/t/8487 Negligence Act]'', it's mostly based on the common law. In order to succeed in your claim, you will have to prove that the assault or sexual assault took place, and that injuries resulted. It is often quite complicated to prove injuries, especially where they are mainly psychological or emotional.

	Lawyers, of course, are expensive. While you may get some of your legal costs awarded to you if you're successful, that only happens at the end of the ~~day after~~ you've already paid a few months' or a few years' worth of bills. Lawyers who practise family law do not work on a contingency basis where they get paid out of the client's award. They charge by the hour.		Lawyers, of course, are expensive. While you may get some of your legal costs awarded to you if you're successful, that only happens at the end of the day—after you've already paid a few months' or a few years' worth of bills. Lawyers who practise family law do not work on a contingency basis (where they get paid at the end of the matter out of the client's award). They charge by the hour.

	Secondly, even if you're successful, your spouse must have some money or other assets from which they can pay your damages if you win. It's no good to spend tens of thousands of dollars on legal fees and win, only to find that your spouse has no way to pay your award. This is called a ''dry judgment''.		Secondly, even if you're successful, your spouse must have some money or other assets from which they can pay your damages if you win. It's no good to spend tens of thousands of dollars on legal fees and win, only to find that your spouse has no way to pay your award. This is called a ''dry judgment''.
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	Note, however, that courts have factored damages for assault and battery into the calculation of who gets what when it comes to division of assets. In ''[http://canlii.ca/t/1f56v Megeval v. Megeval]'', 1997 CanLII 3721 (BCSC), a tort claim was made in the same proceeding as a division of property claim. The court divided the family property equally between the parties, but awarded Mrs. Megeval $139,150 in damages for injuries resulting from assault. This amount was paid from Mr. Megeval’s share of the family property.		Note, however, that courts have factored damages for assault and battery into the calculation of who gets what when it comes to division of assets. In ''[http://canlii.ca/t/1f56v Megeval v. Megeval]'', 1997 CanLII 3721 (BCSC), a tort claim was made in the same proceeding as a division of property claim. The court divided the family property equally between the parties, but awarded Mrs. Megeval $139,150 in damages for injuries resulting from assault. This amount was paid from Mr. Megeval’s share of the family property.

	A third drawback to making a tort claim is you will have to testify about the family violence and the effect it had on you in a very open, honest, and personal manner. You will also have to disclose your medical and counselling records, if ~~there are~~ any. You may also have to submit to medical and psychological examinations~~, both to prove your claim and sometimes by an independent expert appointed by your ex-partner~~.		A third drawback to making a tort claim is you will have to testify about the family violence and the effect it had on you in a very open, honest, and personal manner. You will also have to disclose your medical and counselling records, if any. You may also have to submit to medical and psychological examinations.

	==Limitation periods==		==Limitation periods==