Courts Recognize Impact Of Intimate Partner Violence In Civil Cases

The Court of Appeal for Ontario ruled that allegations and evidence of intimate partner violence are not appropriately dealt with via summary judgement.

In Malamas v. Wey, 2026 ONCA 133, Justice Michael Tulloch concluded that a lower court judge had erred, in part, when he provided summary judgment dismissing claims brought by Konstantina Malamas in light of the allegations and evidence of intimate partner violence by her former husband, Ebhard Way. Tulloch concluded that, given such allegations, the matter would be more appropriately dealt with at a trial.

Tulloch's decision suggests that Ontario courts continue to move in a positive direction when it comes to understanding the complex effects of intimate partner violence ipv, and that such complex and nuanced issues are difficult to be adequately addressed via summary judgement.