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

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  1. Strengthen local governance;
  2. Increase transparency for ratepayers; and
  3. Reduce unnecessary regulatory burdens (red tape).

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  4. Red tape reductions including:
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  1. Replacing special service areas in rural municipalities with a simpler taxation tool.
  2. Removing duplicate forms for newly elected councillors and unnecessary reporting requirements to government.
  3. Potentially circumventing LAFOIPP requests for certain information, such as contracts entered by the municipality, accounts paid by the municipality, among other documents.

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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:

  1. Strengthen local governance;
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The proposed amendments at present in The Municipalities Modernization and Red Tape Reduction Act include:

  1. Improving public access to municipal information by requiring municipalities to post meeting minutes, financial statements, and bylaws on a public website starting in 2027.
  2. Supporting local governance by requiring municipalities to offer orientation training after each general election in order to better support council members in their roles. The training will cover roles and responsibilities, conflicts of interest, financial administration, and maintenance of a harassment-free workplace.
  3. Additional amendments will also strengthen provisions related to harassment by making harassment of municipal employees an offence under the municipal Acts.
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  1. Improving the fairness and efficiency of property assessment appeals through the following:
  1. The parties to an appeal will have more opportunities to enter into agreements to adjust the assessment; and
  2. Appeal boards will have more flexibility to consolidate appeals so that similar ones can be heard at the same time.
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  1. Dangerous animals: council will be able to declare an animal dangerous instead of needing to obtain an order from a judge.  Council will also be able to make an order requiring leashing/muzzling/fencing requirements, but only a judge may order that an animal be put down.  However, a new bylaw is required for council to make these orders;
  2. Illegal dumping: municipalities will now be able to fine vehicle owners for illegal dumping if the vehicle is identified, similar to parking violations;
  3. Collecting tax arrears from delinquent oil and gas companies: it will be easier for municipal administrators to obtain information about oil and gas properties in arrears, serve notice to delinquent companies, and recover the taxes owed;
  4. Allowing the municipality to issue an order to remedy with respect to bylaw contraventions occurring on Crown or municipal lands by the owner or occupant of adjacent land who caused the contravention.
  1. Replacing special service areas in rural municipalities with a simpler taxation tool.
  2. Removing duplicate forms for newly elected councillors and unnecessary reporting requirements to government.
  3. Potentially circumventing LAFOIPP requests for certain information, such as contracts entered by the municipality, accounts paid by the municipality, among other documents.

Status

The Act is expected to pass during the spring 2026 sitting of the Saskatchewan legislative assembly. Upon passage, the majority of the amendments would come into force immediately.

Once the Act is passed, it will require changes to current practices, new policies, etc. For example:

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