Can I Claim Monetary Damages for Intimate Partner Violence?
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Summary:
The answer is yes.
In a landmark decision, the Supreme Court of Canada confirmed that victims of intimate partner violence may seek monetary compensation for harm suffered as a result of a pattern of coercive and controlling behaviour, not just isolated incidents of physical violence.
The Landmark Case: Ahluwalia v. Ahluwalia, 2026 SCC 16
In Ahluwalia v. Ahluwalia, 2026 SCC 16, the Supreme Court of Canada formally recognized a new civil cause of action (also known as a “tort”) for Intimate Partner Violence (IPV).
This significant development acknowledges that abuse within intimate relationships often extends far beyond physical violence and may involve ongoing patterns of control, intimidation, and manipulation that deprive a person of their dignity, autonomy, and equality.
How Did This Law Develop?
Trial Decision (2022)
The Ontario Superior Court initially created a new tort called family violence and awarded damages to a wife who had endured years of physical, psychological, and financial abuse.
Ontario Court of Appeal (2023)
The Ontario Court of Appeal overturned that aspect of the decision, finding that existing legal remedies, such as battery, assault, and intentional infliction of mental suffering, were sufficient.
Supreme Court of Canada (2026)
The Supreme Court of Canada subsequently reversed the Court of Appeal’s decision and formally recognized the new tort of Intimate Partner Violence, providing victims with a distinct legal avenue to pursue compensation for the harm they have suffered.
What Must a Person Prove?
To succeed in a claim for Intimate Partner Violence, a claimant must establish the following three elements:
1. The abusive conduct occurred during an intimate relationship or in its aftermath.
2. The defendant intentionally engaged in the conduct; and
3. When viewed objectively and cumulatively, the conduct amounted to coercive and
controlling behaviour.
Importantly, the court will consider the overall pattern of behaviour rather than isolated incidents.
What Types of Conduct May Constitute Intimate Partner Violence?
Examples may include:
Physical or sexual violence;
Emotional and psychological abuse;
Verbal abuse, humiliation, and degradation;
Financial control or economic abuse;
Stalking and surveillance;
Isolating a partner from family, friends, employment, or educational opportunities;
Litigation abuse; and
Threats involving children or threats of self-harm used as a means of control.
What Does This Mean for Family Law Cases?
This decision creates a new civil claim for monetary damages that may be advanced alongside family law proceedings.
Victims are no longer limited to relying solely on traditional tort claims such as assault, battery, or intentional infliction of mental suffering when a pattern of coercive and controlling behaviour is present.
The decision also reflects a growing recognition by the courts that intimate partner violence is often a sustained pattern of abuse that can have profound and long-lasting emotional, psychological, and financial consequences.
If you believe you have experienced intimate partner violence, it is important to seek legal advice to understand your rights and the remedies that may be available to you.
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. Every case is unique, and you should consult a qualified family lawyer to obtain advice specific to your circumstances.
Meet Maral
Maral began her academic journey with a Bachelor of Psychology from York University, She then studied Doctor of Pharmacy at the University of Waterloo. Her deep-rooted passion for helping others ultimately led her to transition into the legal field. She earned her LL.B. from the University of Law in the United Kingdom and went on to complete her articles at a plaintiff-side personal injury firm, as well as a boutique firm in North York. There, she gained hands-on experience in multiple areas of law, including Real Estate, Family Law, and Wills & Estates. Maral brings a compassionate, client-focused approach to her legal practice, shaped by her diverse academic background and dedication to advocacy.