Home » Posts tagged 'battery'

battery

Ahluwalia v. Ahluwalia: How Should the Law Confront Intimate Partner Violence?

In Ahluwalia v. Ahluwalia, the Supreme Court of Canada reckoned with the largely-gendered harms of intimate partner violence. Justice Kasirer established a framework for developing new intentional torts, created a new tort of intimate partner violence to combat the distinct wrong of coercive control, and clarified the overlapping roles that tort and family law play for seeking justice and compensating victims. While the Court’s decision provided some needed clarity, it also raised as many questions as it answered, leaving unaddressed issues to be resolved in future decisions.

Bentley v Maplewood: Consenting to Live

The common law tort of battery is defined as any “non-trivial contact.” In medical malpractice, an action for battery may be brought where medical treatment is given without the consent of the patient. In Bentley v Maplewood, 2015 BCCA 91 [Bentley], the British Columbia Court of Appeal (“BCCA”) had to decide whether attendants in a […]