A new tort has been created for the harm caused by coercive control in intimate relationships in this international judgment of interest.
Over a 16-year marriage, the respondent husband had abused his wife through the use of violence, isolation, sexual coercion and financial control, among other things.
The appellant wife sought damages for the abuse she suffered in the marriage, which was additive to traditional family law matters of child support, spousal support and division of property. There were numerous interveners in the Supreme Court case, including the Attorney General of Canada and human rights and women's organisations.
At trial the judge recognised a new tort of family violence and awarded the wife total damages of $150,000 (made up of $50,000 each for compensatory, aggravated and punitive damages). On appeal the court reduced the damages to $100,000 and held the existing torts of assault, battery and intentional infliction of emotional distress covered family violence – there was no need to create a new tort of family violence or coercive control.
The wife’s subsequent appeal was allowed in part. The reduced damages stayed but the court reinstated the new tort of intimate partner violence as the basis for the damages.
This recognition of family violence as an ongoing pattern of behaviour offers an alternative route for claimants to a criminal law approach, which has several limitations including that it’s offence based.
Source: Ahluwalia v Ahluwalia [2026] SCC 16, 15 May 2026