Supreme Court of Canada Recognizes New Tort of Intimate Partner Violence

The Supreme Court of Canada has recognized a new tort of intimate partner violence, holding that existing causes of action such as assault and intentional infliction of emotional distress fail to capture the distinct harm caused by coercive and controlling conduct within an intimate relationship.

The landmark decision, Ahluwalia v. Ahluwalia 2026 SCC 16, (a full copy which may be read/downloaded below) delivered on 15th May 2026, saw a majority of the Court, led by Justice Kasirer and joined by Chief Justice Wagner and Justices Martin, O'Bonsawin and Moreau, allow the appeal in part. Justice Karakatsanis wrote separately to concur in the result, while Justice Jamal, joined by Justices Côté and Rowe, dissented and would have dismissed the appeal entirely.

Background

Ms. Ahluwalia and Mr. Ahluwalia were married for sixteen years, during which Mr. Ahluwalia abused his then-wife both physically and emotionally, conduct that limited her ability to make choices within the relationship. When Mr. Ahluwalia commenced divorce proceedings, Ms. Ahluwalia consented to the divorce but sought sole decision-making authority over their children, child support, spousal support, equalization of family property, sale of the matrimonial home, and damages for the abuse she had suffered.

The trial judge recognized a new tort of family violence and awarded Ms. Ahluwalia compensatory, aggravated and punitive damages on that basis, while indicating that she would have arrived at the same award under the existing torts of assault and intentional infliction of emotional distress had she not recognized the new tort.

Mr. Ahluwalia appealed to the Court of Appeal for Ontario, conceding that his abusive conduct gave rise to liability under the existing torts but challenging the recognition of a standalone tort of domestic violence. The Court of Appeal agreed with him, declined to recognize a new tort of domestic violence or coercive control, and reduced the damages the trial judge had awarded. Ms. Ahluwalia then appealed to the Supreme Court of Canada.