Written NOWC Summer Legal Intern, Rosie:
In Canada, intimate partner violence (IPV) is an epidemic and 95 municipalities across Ontario have formally declared IPV an epidemic, but it is preventable.[1]
There have been recent discussions sparked by the new tort established in the Supreme Court of Canada’s (SCC) decision in Ahluwalia v Ahluwalia. This new tort is in response to the public outcry of violence against women and epidemic of intimate partner violence (IPV), which disproportionately affects women in society.
The SCC recognized the need for a new tort that directly addresses the unique experiences of IPV that the previous torts could not adequately address. The facts of Ms. Ahluwalia’s case pertaining to manipulation, isolation, coercive control, and financial abuse were not fully captured in the pre-existing torts of assault, battery, and intentional infliction of mental distress. The courts recognized that, when an intimate partner has been deprived of their ability to live free of coercion, the victim has suffered a loss deserving compensation and has been the victim of a civil wrong. The existing torts failed to address the specific impacts to dignity, autonomy, and equality that IPV creates. The SCC acknowledged that attempting to force the experiences of survivors of IPV into existing torts limits access to justice for these cases.
The framework established for this new tort of IPV must satisfy the following three parts:
- Abusive control arose in an intimate partnership or in its aftermath;
- The defendant intentionally engaged in the conduct; AND
- The conduct, on an objective measure (the reasonable person test), constitutes coercive control
The new tort of IPV is important because it recognizes the needs and labels the difference between IPV and general violence. Relationships create a setting of mutual dependency, where sustained coercion and control can be tortious. Coercive control within an intimate partner relationship can often be less visible and less overt than physical, sexual, or emotional abuse; coercive control can be seen through behaviours such as: monitoring the other persons’ movements, control over finances, isolating them from friends and family, and/or preventing them from getting a job or going to school. It is important to note that IPV is not experienced uniformly in the same way: its impact is shaped by gender and context.
This new tort of IPV is already changing the dynamic of intake procedures at law firms, as new clients are claiming to bring forward an intimate partner violence claim.[2] Lawyers are ensuring that in addition to screening for family-violence, staff are aware of the new tort and collecting any evidence that can assist with bringing a case forward to address IPV within the family court file.[3] Examples of evidence can include: timelines, call logs, texts, medical records, and statements from friends and witnesses.[4]
As this new tort of IPV is being claimed by applicants, provincial courts will need to interpret and apply this new tort to the best of their ability – with little guidance from the SCC. Major impacts and analysis of this new tort will not be thoroughly examined until claims are brought to the appellate level to fully understand how the tort will operate and apply. These appeals will lead to family matters being dragged out over a longer period of time and increase significantly in cost. Over the course of the next few years, the new tort will change the scope of family and tort law. However, major impacts and changes will not be fully recognized for up to a decade as these new claims make their way through the judicial system.
ADDITIONAL READINGS & RESOURCES
- Read the full case summary from Legal Education and Action Fund
- Read Luke’s Place Case Comment: Ahluwalia v. Ahluwalia, 2026 SCC 16
- Read about RISE Women’s Legal Centre’s intervention on the Ahluwalia case
Citations:
[1] Eden Hoffer, “Expert insight: Intimate partner violence is an epidemic” Western News (15 Nov 2024) online (blog): <Expert insight: Intimate partner violence is an epidemic – Western News>; Woman ACT, “Community Advocates Call on Ontario to Declare Intimate Partner Violence an Epidemic as the 16 Days of Activism Against Gender-Based Violence Begins” (25 Nov 2024) online (blog): <WomanACT >.
[2] Carolyn Gruske, “Ahluwalia intimate partner violence tort causes family law fallout”, Canadian Lawyer (5 Jul 2026) online (article): <Ahluwalia intimate partner violence tort causes family law fallout | Canadian Lawyer>.
[3] Ibid.
[4] Ibid.
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