On May 15, 2026, the Supreme Court of Canada, in Ahluwalia v Ahluwalia, 2026 SCC 16, recognized the tort of intimate partner violence. This means that individuals in Canada can now sue for the civil wrong of intimate partner violence.
Historically, people who experienced abuse in an relationship had limited options when trying to seek compensation through the courts. They were required to rely on previously established torts, such as assault or battery, which did not always reflect the reality of family violence. The Supreme Court of Canada recognized that intimate partner violence is unique, as it is often not just one isolated incident of physical violence. Instead, it often involves a pattern of coercion and control that takes place over months or years.
The new tort recognizes that abuse within a relationship can take many forms. Intimate partner violence may include physical abuse, but it can also include emotional abuse, threats, intimidation, controlling behaviour, isolation from family and friends, financial control, harassment, and psychological abuse. In many relationships, the harm comes from the overall pattern of coercion and control, rather than from a single event.
To establish the tort, a person must generally show that the conduct occurred within an intimate relationship, that the behaviour was intentional, and that it formed part of a pattern of abusive, coercive, or controlling conduct. The Court made it clear that the law should look at the relationship as a whole and consider the overall impact of the behaviour on the victim.
The recognition of this tort is likely to have a significant impact on family law cases going forward. Allegations of family violence already play an important role in decisions involving parenting and protection orders. Now, in appropriate cases, family violence may also lead to a claim for financial damages. As family law continues to evolve, this new tort will likely become an important consideration in many separation and divorce matters involving allegations of abuse or controlling behaviour.
Note: This article provides general commentary and is in no way intended to replace the need to consult with a legal professional concerning the specific circumstances of your situation. This article should not be construed or relied upon as legal advice.
