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is alienation of affection recognized in canada law
Optional Information: State/Country: Canada Already Tried: I live in Nevada but my wife was seduced by a very prominent man in Canada. She has utilized considerable efforts at ending the relationship but he continues to contact her. I am an attorney in Nevada and may be willing to file suit against this man in Canada if he does not cease his efforts. I need to know if the threat of such a suit is well grounded on Canadian law. He has residences in both Toronto and Halifax. We have two young children, 6 year old twin boys, and I will do what I have to to protect my family. Because their contact was instigated in Canada, although consummated in the United States, California to be specific, I assume jurisdiction would start in Canada. I don't know whether California recognizes alienation of affection.
Hello Breen
Alienation is well recognized in Canadian Family law, often also called "poisoning the mind" of the child towards the other parent.
What's going on?
I am reluctant to use this man's name because of he is a man with a considerable influence, particularly in the Canadian film industry. My wife is an Emmy award winning television producer her in the United States and I believe he utilized his standing in the Canadian industry to attract her. I have email from him recognizing that she does not wish to continue their affair and that she wishes to save her marriage. Notwithstanding this recognition on his part he continues to attempt to contact her.
You don't need to use real names here, counsel.
I didn't see the lower and more descriptive portion of your question when I first replied. This site has issues.
You are of course referring to alienation of affection as between spouses, not between separated parents and their children, then?
You're asking if a civil suit against the suitor would succeed in Canada because he's being over the top in wooing your wife? Please correct me if I'm misunderstanding the facts.
Correct. Alienation of affection from a suiter interferrimg with a marriage.40031.2264261921
OK, Counsel.
Alienation of affection is not a category of available tort action in Canada. There has been talk of it for years in the context of one parent turning the children against the other parent, but that's in family law.
I think that the nearest thing would be to bring a tort action for intentional infliction of emotional distress. As I'm sure you know, the courts aren't too keen on such cases and they rarely succeed.
I don't know how you'd quantify your damages in such a claim as you and your wife are still married.
I'm sure you've already considered having a Canadian lawyer send him a cease and desist letter. As well, you can block any emails and telephone calls from him quite easily.
But to answer your question, alienation of affection is not available as a head of relief in Canada as it is in some US states still.
Good luck.
Ulysses
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment