Court Awards $200,000 in Landmark Intimate Partner Violence Case

In a recent decision, the Ontario Superior Court of Justice shed light on the persistent issue of intimate partner violence (IPV). In Zunnurain v. Chowdhury, 2024 ONSC 5552, the court found the father liable for multiple tortious acts against the mother, awarding $175,000 in compensatory and aggravated damages and $25,000 in punitive damages—a total of $200,000.

The claims:

The mother made 13 tort claims against the husband, including:

• Physical and sexual assault,
• Forcibly confining her in a hospital against her will, and
• Sharing intimate photos of her with family and friends, violating her privacy.

She sought $325,000 in general and aggravated damages.

The Findings

The court determined that the father had committed battery, assault, and the intentional infliction of mental suffering. His testimony was deemed not credible, and his deliberate lies further undermined his position. The court emphasized that the witness stand cannot be a venue to cause further harm to the victim.

The Decision

In its ruling, the court acknowledged the severe harm caused to the Wife and the need to denounce and deter such behavior. The compensatory and aggravated damages of $175,000 were awarded for the physical, emotional, and psychological harm inflicted. An additional $25,000 in punitive damages was ordered, reflecting the court’s condemnation of the Husband’s actions and his misuse of the judicial process.

Significance

This decision reinforces the recognition of IPV as a pervasive social issue and underscores the viability of pursuing civil tort claims for IPV within family law proceedings. By awarding punitive damages, the court sent a strong message that deliberate lies and efforts to perpetuate harm through litigation will not be tolerated.

This case serves as a stark reminder of the hidden realities that can underlie seemingly “storybook” relationships. Beneath the surface lay a household marked by abuse, violence, intimidation, and fear.