On May 15, 2026, the Supreme Court of Canada released judgment in the case Ahluwalia v. Ahluwalia where the court recognized and outlined a new “tort” or civil cause of action called “intimate partner violence”.
The court described this new tort of intimate partner violence as follows:
“Best understood, it is not confined to conduct that inflicts physical or psychological injury, but includes all abusive conduct by which one intimate partner coerces and controls the other, thus depriving them of their autonomy.
This includes egregious acts of physical and psychological violence, as well as tactics of isolation, manipulation, humiliation, surveillance, economic abuse, sexual coercion, and intimidation that can control and entrap intimate partners. In the instant case, it is recognized that the husband’s liability rests on the new tort of intimate partner violence.”
The Supreme Court of Canada differentiated this new tort from the existing torts of assault and battery, which would apply to physical violence, and intentional infliction of emotional distress, which would apply to psychological and emotional violence so outrageous that it causes a recognizable mental illness. Instead, the tort of intimate partner violence focused on coercive actions that cause a loss of autonomy for the intimate partner.
The court had this to say about the basis of compensation payable for this new tort:
“The harm experienced by the wife from coercive control, including that associated with her dignity, autonomy, and equality should fall fully under general compensatory damages for the tortious conduct of intimate partner violence.”
From this it appears that the compensation will be similar to non-pecuniary damages in injury claims, except instead of focusing on the effect of injuries on a person’s life, the court will focus on the effect on a person’s dignity, autonomy, and equality.
The court explicitly took the time to recognize in the judgment that intimate partner violence is being predominantly perpetrated by men against women.
This decision, in our view, is an important recognition by our highest court of the serious issue of intimate partner violence that exists in our society but that does not necessarily extend to extreme acts of physical or psychological violence covered by other torts.
The full text of the decision can be located here: Ahluwalia v. Ahluwalia – SCC Cases
Make sure to contact one of our experienced lawyers at Carter Litigation if you think you may have been the victim of intimate partner violence to learn whether this new tort may apply to your situation.