New Tort: Intimate Partner Violence

Firstly, what is a “tort”?

A tort is, simply put, a civil wrong. This would be acting contrary to the law in a way not governed by the Canada Criminal Code. The police do not handle torts, but the courts do.

The Supreme Court has recognized a new tort: Intimate Partner Violence

“Per Wagner C.J. and Kasirer, Martin, O’Bonsawin and Moreau JJ.: A new tort of intimate partner violence should be recognized. Intimate partner violence is a pernicious social ill deserving of the full attention of the law. 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. ”

Ahluwalia v. Ahluwalia - 2026 SCC 16

It is important to note that the definition of the tort, as described by the Court, extends beyond physical harm and can even include financial abuse. It is also worthwhile to note that the pre-existing tort of assault or battery is episodic in nature while this new law is focused on a pattern or continued behavior.

This is a welcome addition to the law to allow the courts to consider harm being done between persons and to hold liable parties accountable.

For more information a good summary of the case can be found here.

https://www.cbc.ca/news/politics/supreme-court-intimate-partner-violence-9.7197896