A New Tort of Intimate Partner Violence: What You Need to Know

Family breakdown is often accompanied by difficult and emotional circumstances. In some cases, those circumstances include intimate partner violence. A recent decision from the Supreme Court of Canada has changed how the law addresses that harm by recognizing a new civil claim: the tort of intimate partner violence.

This development has important implications for family law cases, particularly where one party has experienced a pattern of abuse during the relationship.

Here are six things you need to know about this new tort:

  1. The Supreme Court of Canada has officially recognized a new tort of intimate partner violence. The recent decision of Ahluwalia v Ahluwalia, 2026 SCC 16, determined that individuals can pursue damages for intimate partner violence through a distinct civil claim. This tort addresses patterns of abuse within a relationship, including coercion and control, rather than focusing only on isolated incidents.[1]
  2. The new tort includes coercive control, not just physical violence. The decision recognizes a broad range of behaviours within intimate partner violence, including emotional abuse, financial control, isolation, intimidation, and sexual coercion.[2]
  3. A claim requires proof of three key elements centred on the relationship and the conduct.[3] A claimant must establish:

  1. that the conduct occurred in an intimate relationship or its aftermath;
  2. that it was intentional; and
  3. that it objectively amounts to coercive control.

Once established, the harm is recognized without needing separate proof of physical or psychological injury.[4]

  1. Existing tort claims were found to be inadequate to address this type of harm.[5] Traditional claims like assault or intentional infliction of emotional distress are often insufficient in capturing the cumulative and ongoing nature of coercive control, as they tend to focus on specific incidents rather than the broader pattern of abuse.[6]
  2. The law now recognizes loss of dignity, autonomy, and equality as compensable harm. Intimate partner violence is not limited to physical or emotional injury, but includes the broader loss of freedom and independence within the relationship.[7]
  1. It remains an open question whether claims for intimate partner violence can be brought within family law proceedings or if they need to be brought by way of a separate claim. Current case law authority suggests that such claims will generally need to be commenced separately by way of a statement of claim, with the possibility of later consolidation with any pre-existing family law proceedings. However, given the developing nature of this area following Ahluwalia, the exact procedural approach is not yet fully determined.

[1] Ahluwalia v Ahluwalia, 2026 SCC 16 at para 8 [Ahluwalia].

[2] Ahluwalia at paras 5, 7, 12-14.

[3] Ahluwalia at para 5.

[4] Ahluwalia at paras 5, 184.

[5] Ahluwalia at paras 6, 12.

[6] Ahluwalia at para 12.

[7] Ahluwalia at paras 8, 12, 17.

This article is intended to provide legal information only, not legal advice. It is recommended that you seek the advice of a lawyer to understand your rights and options.

For further information, please contact:

Curtis P. Clavelle
Direct: 306-933-1341
Email: [email protected]

Written with the assistance of Sarah Grieve, Summer Student

Related News and Articles

The potential dangers of adding children as joint tenants

Many people like to add the name of a child, or children, to their home. The hope is to avoid probate fees on the death of the parent, and have the asset go directly to the children. However, before you make this decision, be aware of the following potential danger:...

read more

Who Approves Compensation for the Executors?

The vast majority of estates see beneficiaries consent to the compensation amount requested by the executor. However, sometimes the beneficiaries feel that the compensation is too high for the work actually done.

read more

Binding Pre-trial Conferences in Family Law Proceedings

In October, 2020 the Queen’s Bench Rules were amended to enable parties in Family law proceedings to participate in “Binding Pre-trial Conferences.” For background, a typical Pre-trial Conference is intended to facilitate the resolution of a family law matter, or if...

read more

The Deadbeat Debtor – Is it Worth it?

All too often, creditors are forced to face the realization that their debtor cannot, or simply will not, pay. Whether it be because of a tenant, purchase of goods or contractor, the creditor is faced with very few avenues to recover the debt. The creditor is forced...

read more
Share This
Articles & ResearchA New Tort of Intimate Partner Violence: What You Need to Know