Supreme Court of Canada recognizes a new tort of intimate partner violence - TLABC News

TLABC News

Supreme Court of Canada recognizes a new tort of intimate partner violence

Posted by: Karen St.Aubin on May 22, 2026

The Supreme Court of Canada has recognized a new tort of intimate partner violence in Ahluwalia v. Ahluwalia, 2026 SCC 16—a significant development in Canadian tort law and the legal response to coercive control.

The Court grappled with a fundamental question: Are existing torts such as assault, battery, and intentional infliction of mental harm sufficient to address the realities of intimate partner violence, or is a distinct legal remedy required?

TLABC Family Law Co-Chairs, Magal Huberman and Shannon Aldinger, summarize the majority, concurring, and dissenting reasons, the Court’s treatment of coercive control, and implications of this landmark decision for practitioners.

 

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