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

Saskatchewan Municipalities: Upcoming Legislative Changes

On November 26, 2025, the Saskatchewan Government introduced The Municipalities Modernization and Red Tape Reduction Act (the “Act”). This Bill amends The Cities Act, The Municipalities Act, and The Northern Municipalities Act, 2010 for the following reported reasons:...

read more

Curtis Clavelle joins Legal Issues Committee of Egale Canada

We’re proud to share that Curtis Clavelle has joined the Legal Issues Committee of Egale Canada. Egale Canada is a human rights organization that advocates on behalf of Two Spirit, lesbian, gay, bisexual, trans, queer, and intersex (“2SLGBTQI”) communities throughout...

read more

James Steele admitted as a Full Member of the Society of Trust and Estate Practitioners (STEP)

Robertson Stromberg is pleased to share that James Steele has been admitted as a Full Member of the Society of Trust and Estate Practitioners (STEP). James is now entitled to use the TEP (Trust and Estate Practitioner) designation, which is recognized internationally and reflects significant experience in trusts and estates work.

STEP is a global professional association focused on inheritance and succession planning, with a strong membership base in Canada and internationally. We are pleased to see James join this community and continue supporting clients in this area.

Please join us in congratulating James on this achievement.

Related News and Articles

James Steele Published in Saskatchewan Law Review

James Steele’s paper, Will Challenges and the Disclosure of Third-Party Records: The Implications of Stradeski v Kowalyshyn, 2023 SKKB 177 has been published in the most recent volume of the Saskatchewan Law Review. The paper addresses the relevant tests for...

read more

James Steele Published in the Advocate

James Steele’s most recent article has been published in the Saskatchewan Trial Lawyers Association’s journal, The Advocate: “Case comment on The Estate of Fedyk v Karmarznuk, 2025 SKKB 50 – What types of evidence can you adduce when interpreting a will?” In this case...

read more

James Steele to present at CBA Saskatchewan Wills, Estate and Elder Law Section

Join James Steele for an upcoming CBA Saskatchewan Wills, Estate and Elder Law Section presentation: Wills, Estate and Elder Law: Recent Saskatchewan Decisions Relating to Estate Law.

Taking place on Thursday, March 19, 2026, from 12:00 to 1:00 p.m. (SK) via Zoom, this session will feature James discussing recent Saskatchewan estate law decisions and key developments in this evolving area of practice. This program is free for CBA members.

Register through the CBA Saskatchewan Wills, Estate and Elder Law Section, here.

Thursday, March 19, 2026
12:00 – 1:00 p.m. (Virtual – Zoom)

Related News and Articles

James Steele Published in Saskatchewan Law Review

James Steele’s paper, Will Challenges and the Disclosure of Third-Party Records: The Implications of Stradeski v Kowalyshyn, 2023 SKKB 177 has been published in the most recent volume of the Saskatchewan Law Review. The paper addresses the relevant tests for...

read more

James Steele Published in the Advocate

James Steele’s most recent article has been published in the Saskatchewan Trial Lawyers Association’s journal, The Advocate: “Case comment on The Estate of Fedyk v Karmarznuk, 2025 SKKB 50 – What types of evidence can you adduce when interpreting a will?” In this case...

read more

Andrea Charlie to present to Canadian Bar Association – Wills, Estates and Trusts Section

Andrea Charlie will be a panelist at the upcoming Canadian Bar Association – Wills, Estates and Trusts Section program.

March 19, 2026
10:00 – 11:30 a.m. (Virtual – Zoom)

Andrea, who serves as Chair of the CBA-SK Wills, Estate and Elder Law Section, will join the discussion on why estate law is a growing and enduring area of practice in Canada. This session will offer a realistic look at estate planning, estate administration, and estate litigation, and will be especially valuable for law students and young lawyers considering this practice area.

The program is free for CBA members and qualifies for 1.5 CPD hours under the Law Society of Saskatchewan Continuing Professional Development Policy.

To register click here.

Related News and Articles

James Steele Published in Saskatchewan Law Review

James Steele’s paper, Will Challenges and the Disclosure of Third-Party Records: The Implications of Stradeski v Kowalyshyn, 2023 SKKB 177 has been published in the most recent volume of the Saskatchewan Law Review. The paper addresses the relevant tests for...

read more

James Steele Published in the Advocate

James Steele’s most recent article has been published in the Saskatchewan Trial Lawyers Association’s journal, The Advocate: “Case comment on The Estate of Fedyk v Karmarznuk, 2025 SKKB 50 – What types of evidence can you adduce when interpreting a will?” In this case...

read more

James Steele Published in Saskatchewan Law Review

James Steele’s paper, Will Challenges and the Disclosure of Third-Party Records: The Implications of Stradeski v Kowalyshyn, 2023 SKKB 177 has been published in the most recent volume of the Saskatchewan Law Review. The paper addresses the relevant tests for challenging a will in Saskatchewan and the burden that must be met before documentary disclosure will be ordered.

James’ article can be found here:
Saskatchewan Law Review, vol 88 no 1, 2025 CanLIIDocs 3337 | CanLII

Related News and Articles

James Steele Published in Saskatchewan Law Review

James Steele’s paper, Will Challenges and the Disclosure of Third-Party Records: The Implications of Stradeski v Kowalyshyn, 2023 SKKB 177 has been published in the most recent volume of the Saskatchewan Law Review. The paper addresses the relevant tests for...

read more

James Steele Published in the Advocate

James Steele’s most recent article has been published in the Saskatchewan Trial Lawyers Association’s journal, The Advocate: “Case comment on The Estate of Fedyk v Karmarznuk, 2025 SKKB 50 – What types of evidence can you adduce when interpreting a will?” In this case...

read more

Case comment: Boire v Boire, 2025 SKKB 150 (CanLII)

The recent Saskatchewan decision in Boire v Boire, 2025 SKKB 150 reminds us of the importance of properly documenting an express trust when adding third parties to title. In Boire there was sufficient evidence of a trust interest as to permit the Court to summarily...

read more

James Steele Published in the Advocate

James Steele’s most recent article has been published in the Saskatchewan Trial Lawyers Association’s journal, The Advocate: “Case comment on The Estate of Fedyk v Karmarznuk, 2025 SKKB 50 – What types of evidence can you adduce when interpreting a will?”

In this case comment, James reviews the Court’s approach in Fedyk to will interpretation, with particular attention to the evidentiary principles governing what material may properly be considered when determining testamentary intention. The article provides a useful and practical summary for counsel involved in estate litigation, advising executors, or addressing will-interpretation issues in contested matters.

For more information about the Saskatchewan Trial Lawyer’s Association click here.

Download Issue

Related News and Articles

James Steele Published in Saskatchewan Law Review

James Steele’s paper, Will Challenges and the Disclosure of Third-Party Records: The Implications of Stradeski v Kowalyshyn, 2023 SKKB 177 has been published in the most recent volume of the Saskatchewan Law Review. The paper addresses the relevant tests for...

read more

James Steele Published in the Advocate

James Steele’s most recent article has been published in the Saskatchewan Trial Lawyers Association’s journal, The Advocate: “Case comment on The Estate of Fedyk v Karmarznuk, 2025 SKKB 50 – What types of evidence can you adduce when interpreting a will?” In this case...

read more

Case comment: Boire v Boire, 2025 SKKB 150 (CanLII)

The recent Saskatchewan decision in Boire v Boire, 2025 SKKB 150 reminds us of the importance of properly documenting an express trust when adding third parties to title. In Boire there was sufficient evidence of a trust interest as to permit the Court to summarily...

read more

Area of Expertise