Can I Sue My Former Partner for Intimate Partner Violence? Yes — But It’s Not Always Easy

One of our recurring Blog topics recently has been the landmark decision by the Supreme Court of Canada in Ahluwalia v. Ahluwalia. 

And it’s for good reason.

That case confirmed that under Canadian law, eligible victims of Intimate Partner Violence (or IPV – formerly known as “domestic abuse”) may now have access to a new civil remedy through the courts, and may receive monetary damages from their abuser.  This can arise with proof of a pattern of coercive, controlling or violent behaviour.

At first glance, it may sound like a straightforward idea:  If someone has suffered abuse, surely they can simply bring a claim and recover damages. Right?

But as we pointed out in one of those recent Blogs,  Proving Your Tort Claim for Intimate Partner Violence? Here’s the Kind of Evidence You Need a claim arising from IPV must  be proven with evidence.

And while some cases involve obvious and well-documented abuse, many others present significant challenges.  Here’s why.

Not All Toxicity or Dysfunction is IPV

The first challenge is that the law is not aimed at merely an unhappy or dysfunctional relationship.

The Supreme Court made it clear that ordinary relationship conflict, arguments, infidelity, emotional immaturity, or unpleasant behaviour will not automatically give rise to a successful tort claim. The court was concerned with patterns of conduct that deprive a person of their dignity, autonomy, and equality within the relationship.

Moreover, a single incident is usually not enough.  Instead, the court may examine the overall pattern of behaviour throughout the relationship.

If you’re a victim of IPV, this can make things a little more complicated.

For example, at the hands of your partner you may have complaints about years of:

• financial control,
• isolation from family and friends,
• constant monitoring,
• intimidation,
• threats, or

However he or she may offer a very different explanation for the same events. Plus, in many cases there may be no independent witnesses to what occurred behind closed doors, between you.

This means that credibility often becomes a central issue for the court to untangle.

Evidence Can Be Hard to Come By

Another challenge is around gathering persuasive evidence.

If you’re a victim of IPV, then understandably you are focused on your safety and survival while the abuse is occurring. You may not be thinking about preserving text messages, emails, bank records, medical records, photographs, or other documentation that could later help prove your case.

By the time your relationship ends, important evidence to support your claim may have been lost, deleted, or difficult to obtain.

This is one reason why we recently wrote  (Proving Your Tort Claim for Intimate Partner Violence? Here’s the Kind of Evidence You Need) about the importance of gathering and preserving evidence wherever possible. The stronger the documentary record, the easier it may be to establish what actually occurred.

It Can Be Exhausting

There is also the reality that these IPV-based claims can be emotionally demanding.  If you’re a victim, you may be required to revisit painful experiences, and provide detailed evidence about events that occurred over many years. Family members, friends, counsellors, medical professionals, or other witnesses may also need to become involved in your matter.

And the entire Family Law process – with its procedures, forms, and rules – can feel overwhelming and confusing.

The Cost of Getting Justice

Finally, there is the practical question of cost.

The decision in Ahluawalia was only released this year, in May of 2026.  That means that IPV-based claims for monetary damages are still relatively new. Because the law is developing, there has not been a history of court decisions that providing developed guidance on every aspect of these cases. Disputed claims may be relatively ground-breaking, and may require substantial evidence and significant court time to resolve.

None of this means that you as a victim should be discouraged from pursuing a claim – quite the opposite.

The Supreme Court’s decision in Ahluwalia reflects an important recognition that coercive and controlling behaviour can cause profound harm, even where that harm cannot always be captured by traditional legal remedies.

However, it is important to approach these claims with realistic expectations. Success depends on:

• the facts,
• the available evidence, and
• the ability to prove that your partner’s conduct crossed the legal line from relationship conflict into actionable IPV.

If you believe you have experienced IPV, give our offices a call as soon as possible, to explore your options.  We’ll help you understand your rights, preserve important evidence, and assess the strength of any potential claim.