What is the current state of the common law on the basis of domestic violence?

In my view, this is one of those rare circumstances where the common law should recognize a new foundation for liability for family violence. I come to this conclusion based on the existing case law related to spousal battery, explicit recognition of the harms associated with “family violence” in the Divorce Act, recent provincial legislation that removes other legal barriers facing survivors leaving violent relationships, developments in the American caselaw, and Canada’s international law obligations related to women’s equality: Jones v. Tsige, 2012 ONCA 32, 108 O.R. (3d) 241.