Ahluwalia v Ahluwalia Creates a New Tort Of “Intimate Partner Violence”

The Supreme Court of Canada has recognized a new tort of intimate partner violence (“IPV”). The debate leading up to the decision focused on whether a new tort was necessary to address the harm suffered by the applicant, Ms. Ahluwalia, who endured physical and psychological violence, as well as coercion and control, throughout her 16-year marriage.

The Supreme Court’s Recognition of Intimate Partner Violence

Writing for the majority, Justice Kasirer described intimate partner violence as “…a pernicious social ill deserving of the full attention of the law.” In addition to physical and psychological abuse, IPV was recognized as encompassing patterns of intimidation, humiliation, manipulation, isolation, economic abuse, and sexual coercion, all of which may result in the cumulative harm of subordination over time.

Why a New Tort Was Necessary

The creation of this new tort acknowledges the nuanced nature and scope of intimate partner violence. In dissent, the minority found that existing torts were sufficiently flexible to address the harms associated with IPV. The majority, however, emphasized that intimate partner violence is qualitatively different from violence between strangers and that existing torts fail to adequately address patterns of coercive control. For example, the tort of assault does not extend to forms of abuse such as manipulation, isolation, or financial control, all of which undermine a victim’s dignity, autonomy, and equality and may only become apparent over time. The tort of intimate partner violence seeks to remedy the “generalized fear” and subordination experienced by victims in ways that existing torts do not.

A Response to the Prevalence of Intimate Partner Violence

The Court’s ruling not only recognizes the unique dynamics of intimate partner violence, but also responds to its prevalence within Canadian communities, particularly against women. IPV rates are reportedly higher now than in 2018. In 2019, it was estimated that more than 80% of intimate partner violence incidents went unreported. One reason frequently cited by victims for not reporting IPV to police was the belief that it was a “private matter.” The recognition of this new tort therefore provides victims with an additional avenue to seek relief, including within family law and separation proceedings, thereby improving access to remedies in that context.

If you or someone you know may be experiencing intimate partner violence, it is important to understand that support and legal remedies are available.

This recent decision may significantly impact your rights—particularly in the context of separation or family law proceedings—by creating new pathways to seek accountability and compensation for harm experienced.

Our experienced family law lawyers can help you understand how this decision applies to your situation and guide you through your legal options with care and sensitivity. Contact our team today to schedule a confidential consultation.

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