Breaking News for Victims of Intimate Partner Violence: Supreme Court Recognizes New Civil Tort and Remedies

If you are the unfortunate victim of Intimate Partner Violence (IPV) in your relationship, you should know about a groundbreaking legal development recently – one aimed squarely at strengthening the Canadian laws designed to protect you.

But first, a little bit about the existing law on IPV.  We’ve written about it before, in our Blog titled, “The Canadian Law on ‘Family Violence’ – It’s There to Help You”.  We outlined that IPV can cover various types of physical, emotional, psychological, and financial abuse, including:

• Physical abuse. This includes not only actual physical assault, but also forcible confinement.
• Threats to kill or cause harm. The threats can be against you, your child, or someone else.
• Threats or actual damage to property.
• Threats to kill or harm an animal, or actually doing so.
• Sexual abuse.
• This covers verbal harassment as well as stalking. It can also cover cyberviolence (which is violence facilitated by technology).
• Failing to provide the necessaries of life.
• Psychological abuse.
• Financial abuse.
• A pattern of coercive or controlling behaviour.

To be considered IPV, the abuse does not need to rise to the level of a criminal offence; it may be enough that there is serious abusive conduct within the context of a domestic partnership.

The Remedies (Until Now)

There are already several existing avenues of legal recourse, if you are enduring IPV.  In addition to criminal charges (if appropriate), under Ontario law you also have various rights and court-imposed remedies, including:

• Exclusive possession of the home:If you and your abuser live together, the court might grant you “exclusive possession” of your home, which means your abuser must move out.
• Financial support:In the context of a separation or divorce from your abuser, the court may also order them to pay spousal or child support, that can help you with the economic impact of being an abuse victim.
• Protection orders and restraining orders:These are issued by the court; they legally require your abuser to stop communicating and stay away from you.

A New Civil Tort – With Monetary Damages as a Remedy

These existing remedies have been given a huge boost as of May 2026.  That’s when the Supreme Court of Canada issued a landmark ruling in a case called Ahluwalia v. Ahluwalia, where it confirmed that eligible victims of IPV may now have access to a new civil remedy through the courts, and may receive monetary damages from their abuser, in appropriate circumstances.

Specifically, the Court recognized a new tort of “intimate partner violence,” acknowledging that abusive conduct in relationships can involve patterns of coercion and control that go far beyond isolated incidents of physical violence.  It can give rise to harm that deprives victims of their:

• dignity
• autonomy
• equality within the relationship
• freedom of choice
• independence
• personal agency.

When Can You Sue?

In terms of the threshold conduct that could give rise to civil damages, the Supreme Court outlined the following points:

• The conduct must arise within an intimate relationship. The newly-recognized tort is tied specifically to “intimate partnerships,” meaning relationships marked by emotional, domestic, financial, or physical intimacy, interdependence, and mutual commitment.
• The tort is not limited to married spouses. It applies to “intimate partners” rather than just legally married spouses – which can cover common-law partners and former romantic partners as well.
• The focus is on “coercive control”. The prime target of the new tort is conduct that is intended to dominate, subordinate, intimidate, isolate, manipulate, or control the victim over time.
• The conduct does not need to consist solely of physical violence. It can include a host of broader abusive conduct such as:
  • emotional and psychological abuse
  • financial control
  • stalking and surveillance
  • humiliation and denigration
  • sexual coercion
  • isolation from friends or family
  • litigation abuse
  • threats involving children
  • controlling day-to-day behaviour.
• A pattern of conduct is important (although not always required). Cumulative behaviour and patterns of coercion are the focus. However in some unusual cases, a single serious incident can also give rise to a tort remedy.
• The test is objective. The conduct is assessed against an objective test, which means that a reasonable person, who is fully informed of context of the relationship, would conclude there is cumulative, coercive control that deprived the victim of dignity, autonomy, or equality within the relationship.
• The abusive conduct must be intentional. The abuser must intentionally engage in the misconduct – although there is no need for the victim to prove the abuser subjectively intended to exert “control” in the legal sense.
• No diagnosis is necessary. To be eligible to claim damages, victims do not necessarily have to prove that they have been diagnosed with any psychiatric illness, as long as the tort is otherwise established.

What Does Not Qualify?

In the Ahluwalia decision, the Supreme Court drew an important distinction between IPV and ordinary relationship conflict. It warned that not every toxic or unhappy relationship will qualify.

The following – in and of themselves – are not necessarily enough:

• infidelity
• emotional neglect
• dishonesty
• arguments
• ordinary high-conflict separation dynamics.

In short, there must be more than mere dysfunction, resentment, or even toxicity;  the key element is the presence of controlling or coercive conduct.

What Compensation Could Be Available?

In the Ahluwalia ruling, the Supreme Court of Canada recognized that victims of IPV may, in some cases, pursue monetary damages against an abusive spouse or partner.  These fall into various categories, with the key points being as follows:

• General compensatory damages. These cover the overall harm caused by the abusive relationship, including loss of dignity, autonomy, equality, independence, and emotional well-being.
• Not merely damages for physical assaults. Compensation might be claimed for coercive control, emotional abuse, financial domination, intimidation, surveillance, and isolation.
• Cumulative damages. The new tort covers not just isolated incidents of abuse, but long-term and cumulative harm as well.
• Multiple types of harm. Compensation can cover psychological harm, trauma, anxiety, depression, and related emotional injuries that flow from the abusive conduct.
• Economic losses. This includes diminished earning capacity or financial consequences arising from the abuse.
• Punitive damages. Especially in egregious cases involving malicious, high-handed, or reprehensible conduct, the court can even award damages intended to punish the abuser, not just compensate the victim.
• No diagnosis needed. As mentioned, victims do not necessarily need to prove a formally diagnosed psychiatric illness in order to recover damages under the new tort.

We Can Help

If you are experiencing IPV and would like to understand your legal options, our office can help you assess what protections and remedies may be available in your particular circumstances.  Give us a call.