What is the test for damages for assault in a long-term relationship?

British Columbia, Canada

The following excerpt is from Petrie v Lindsay, 2019 BCSC 371 (CanLII):

The respondent relies on Hill v. Kilbrei, 2005 MBCA 81 at paras. 38, to argue that damages for assault can only be awarded for conduct rising to the level of a tort and not simply be evidence of a “dysfunctional relationship”. That case is distinguishable because, though the plaintiff claimed numerous assaults occurred, the trial judge found only a single incident of battery between two people who had been in a relationship for two years. Moreover, the claim for damages was not brought in the context of a family law action. It differs significantly from this case where I have found there existed long-term, consistent family violence perpetrated upon the claimant by the respondent.

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