The Tort of Intimate Partner Violence
The Supreme Court of Canada has recognized a new tort of intimate partner violence. This new tort stems from the case Ahluwalia v. Ahluwalia. Ms. Ahluwalia was in an abusive marriage with her ex-husband which spanned 16 years. During the time of their marriage, Ms. Ahluwalia suffered physical and psychological violence along with coercion and control. When Ms. Ahluwalia filed her pleadings, she added a new claim for general, exemplary, and punitive damages for the physical and mental abuse suffered as a whole. Before this, survivors of family violence had to ask for damages under separate torts including assault, battery, and the intentional infliction of emotional distress as isolated incidents and not a pattern of behaviour that served to disentitle the other from exercising their freedom and autonomy to make decisions in their own lives.
The case was first heard by the Ontario Superior Court of Justice, in which the trial judge awarded Ms. Ahluwalia damages for the overall effect of family violence she suffered during the marriage. This was the first court to ever award such damages (i.e. money paid by the perpetrator to the claimant as a result of a harm committed). By awarding Ms. Ahluwalia damages, the judge recognized a new tort of family violence. As this tort had never been recognized, her ex-husband appealed the decision citing errors in the judge’s decision.
The Ontario Court of Appeal ruled that the Superior Court of Justice erred in the creation of a new tort of family violence and in the amount of damages awarded to Ms. Ahluwalia. Ms. Ahluwalia appealed the Ontario Court of Appeal’s decision, and the case was brought before the Supreme Court of Canada (“SCC”).
On May 15, 2026, the SCC released its decision and upheld the original decision solidifying a new tort of intimate partner violence into law. The SCC stated that those who have experienced intimate partner violence can receive damages, which are usually monetary, if they are included in their pleadings. The limitation period for the new tort has not been set yet. To claim the tort, one must prove three elements:
The abusive conduct arose in an intimate partnership or its aftermath;
The partner intentionally engaged in that conduct; and
That the conduct, on an objective measure, constitutes coercive control.
What has happened since the decision?
In Mitchell v. Mitchell, 2026 ONSC 4259 (CanLII), the Applicant was awarded non-pecuniary (compensatory) damages in the sum of $400,000 and punitive damages in the sum of $25,000.
In Fang v. Lu, 2026 ONSC 3617 (CanLII), the husband was ordered to pay the wife general compensatory damages for the harm, injuries, and losses suffered by her arising from the tort of intimate partner violence in the amount of $40,000.
If you’re looking for more information about whether you can claim the tort of intimate partner violence, whether as a self-represented person or not, reach out to a qualified lawyer at Hines Legal for tailored independent legal advice or representation.
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