In a recent decision by the Superior Court of Quebec, Attorney Jade Auclair and her team argued for an innovative application of Article 1457 of the Civil Code of Quebec to have domestic violence recognized as a civil wrong that may give rise to compensation for emotional distress. They also successfully invoked the principles governing abuse of process to have judicial abuse sanctioned.
The significance of this decision lies in its integrated approach.
The Court first sanctioned the domestic violence committed during the marriage and after the separation by ordering the defendant to pay compensation for the emotional distress suffered by the plaintiff. Separately, it also sanctions the defendant’s abuse of process, thereby recognizing that violence can continue after the breakup, particularly in economic and judicial forms.
The Court concluded that the defendant’s conduct during the proceedings constituted an exploitation of the judicial process aimed primarily at maintaining control over the plaintiff. In this context, he was ordered to pay damages to compensate for the harm suffered, including to cover the legal fees incurred by the plaintiff.
Through their creativity, rigor, and strategic vision, Ms. Auclair and her team have helped advance a constantly evolving area of law. Their work contributes to greater recognition of the sometimes more subtle forms of domestic violence and demonstrates how an innovative legal strategy can have an impact that extends far beyond the scope of a single case.
This, too, is what practicing law at Cain Lamarre is all about: developing innovative arguments, advancing legal thinking, and making a tangible contribution to better protection for vulnerable individuals.
