Ahluwalia v. Ahluwalia: Canada's New Tort of Intimate Partner Violence
In May 2026 the Supreme Court of Canada recognized a new tort of intimate partner violence. Here is what the Court decided, what a survivor must prove, and what it means for family cases in Ontario.
Key takeaways
- In Ahluwalia v. Ahluwalia, 2026 SCC 16, decided May 15, 2026, the Supreme Court of Canada recognized a new tort of intimate partner violence by a 6–3 majority.
- A survivor must prove that the abusive conduct arose in an intimate relationship or its aftermath, that the abuser engaged in it intentionally, and that, viewed objectively, it amounted to coercive control.
- Coercive control can include isolation, humiliation, surveillance, financial control, sexual coercion and intimidation, not only physical violence.
- Damages for abuse can be claimed alongside divorce, parenting, support and property claims, but they serve a different purpose and must be proven separately.
What the Supreme Court decided
On May 15, 2026, the Supreme Court of Canada released Ahluwalia v. Ahluwalia, 2026 SCC 16. Writing for the majority, Justice Kasirer, with Chief Justice Wagner and Justices Martin, O'Bonsawin and Moreau, recognized a new tort of intimate partner violence. A tort is a civil wrong that allows the injured person to sue for damages.
The majority held that existing torts do not fully capture the harm of coercive control. Assault can address physical or threatened harm, and intentional infliction of emotional distress can address serious psychological harm, but neither addresses the separate wrong of controlling a partner's choices and denying their dignity, autonomy and equality within the relationship.
The background of the case
The parties were married for 16 years. In the divorce proceeding, the wife sought decision-making responsibility for the children, child and spousal support, equalization of family property and sale of the matrimonial home. She also claimed damages for years of physical and emotional abuse.
The trial judge in the Ontario Superior Court recognized a new tort of family violence and awarded $150,000: $50,000 in compensatory damages, $50,000 in aggravated damages and $50,000 in punitive damages. The husband conceded on appeal that his conduct was actionable under existing torts. The Court of Appeal for Ontario declined to create a new tort, held that existing torts were enough, and reduced the award to $100,000 by setting aside the punitive damages.
The Supreme Court allowed the wife's further appeal in part and held that she is entitled to damages under the new tort of intimate partner violence.
What a survivor must prove
Under the majority's test, a claimant must establish that:
- The abusive conduct arose in an intimate partnership or its aftermath. The tort applies between intimate partners, including after separation. The Court left the effect of violence on other family members for future cases.
- The defendant intentionally engaged in the conduct. What must be intentional is the conduct itself; the claimant does not have to prove that the abuser specifically intended to control them.
- The conduct, assessed objectively, amounts to coercive control. The court looks at the whole pattern of behaviour in context, as a reasonable, informed observer would.
Once these elements are proven, harm is presumed. The claimant does not have to prove a separate medical or psychological injury to succeed, although the extent of the harm still affects how much is awarded. The new tort does not replace existing claims such as assault, battery or intentional infliction of emotional distress.
What counts as coercive control
The Court described intimate partner violence as a pattern of coercive and controlling conduct, not only separate acts of physical violence. Depending on the facts, it can include:
- Isolating a partner from family, friends or support
- Humiliation, degradation and threats
- Monitoring, tracking or surveillance
- Controlling money, employment or access to documents
- Sexual coercion
- Intimidation, including through threats about the children or immigration status
This is consistent with the Divorce Act, which already defines family violence to include a pattern of coercive and controlling behaviour, and requires courts to consider family violence when making parenting orders.
The concurring and dissenting reasons
Justice Karakatsanis agreed that the appeal should be allowed in part, but would not have limited the new tort to conduct amounting to coercive control.
Justice Jamal, with Justices Côté and Rowe, dissented. They would have dismissed the appeal on the basis that existing torts can already address both individual acts and patterns of abuse, and that a new tort was unnecessary and could create uncertainty.
What it means for family cases in Ontario
- Damages can be claimed with your family case. A claim for damages for intimate partner violence can be brought alongside claims for divorce, parenting, support and property. The claims overlap in their facts but serve different purposes: damages compensate for the wrong, while support and property claims follow their own statutory rules.
- Physical violence is not required. A pattern of coercive control can be enough, even without a physical assault.
- Evidence matters. Texts, emails, financial records, police or medical records, and witnesses who saw the pattern can all help show coercive control.
- Deadlines still apply. Most civil claims in Ontario must be started within two years. The Limitations Act, 2002 removes the limitation period for some claims, including sexual assault and certain assault claims between people in an intimate relationship. How these rules apply to the new tort may depend on the facts, so get advice early.
- Parenting decisions are separate. Family violence is already a factor in decisions about parenting time and decision-making responsibility. See our guide to parenting time and decision-making.
If you are experiencing abuse
If you are in immediate danger, call 911. The Assaulted Women's Helpline offers free, confidential support 24 hours a day at 1-866-863-0511, or #SAFE (#7233) on Rogers, Fido, Bell and Telus mobile phones.
Legal Aid Ontario uses higher income limits for people experiencing domestic abuse, can help with restraining orders, and covers divorces where the client has experienced intimate partner violence. Read our guide to Legal Aid for family law.
How SLG Lawyers can help
We help survivors with separation and divorce, parenting, support, property division and restraining orders, and we assess whether a claim for damages for intimate partner violence should be brought in the same proceeding. We accept Legal Aid Ontario certificates for eligible family law matters. Meet us confidentially at our Ajax office or by video anywhere in Ontario. See our family law services and our guide to family court in Durham Region.
Frequently asked questions
What is the tort of intimate partner violence?
Do I need to prove physical violence?
Can I claim damages in my divorce case?
Is there a deadline to sue for intimate partner violence?
Sources
General information only, not legal advice. Every situation is different; book a confidential consultation for advice on yours.