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

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.