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Supreme Court recognizes new legal basis for a civil claim of ‘intimate partner violence’
The 6-3 ruling lets victims seek civil damages for coercive control and says existing torts do not fully address the harm.
- On Friday, the Supreme Court of Canada recognized intimate partner violence as a distinct legal basis for civil damages, allowing victims to sue abusive former spouses for coercive control.
- The ruling stems from the case of Kuldeep Kaur Ahluwalia, who suffered years of physical and emotional abuse during a 16-year marriage to Amrit Pal Singh Ahluwalia before separating in 2016.
- Initially, Ontario Superior Court Justice Renu J. Mandhane awarded $150,000 in damages; the Ontario Court of Appeal later reduced it to $100,000, arguing existing torts sufficiently addressed the claims.
- Writing for the majority, Justice Nicholas Kasirer ruled that existing laws fail to remedy the autonomy loss caused by coercive control, including financial abuse, stalking, and surveillance.
- The Supreme Court established a new, three-part test to guide future courts on recognizing new torts, marking a significant shift in Canadian family law beyond this specific case.
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This decision will make it possible to claim civil compensation for this charge, which includes coercive control.
·Montreal, Canada
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In landmark ruling, Supreme Court creates pathway to sue for intimate partner violence, patterns of ‘coercive control’
The new tort of intimate partner violence focuses on “coercive control,” establishing a new legal path for lawsuits based on patterns of behaviour over time.
·Toronto, Canada
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Coverage Details
Total News Sources23
Leaning Left12Leaning Right2Center8Last UpdatedBias Distribution55% Left
Bias Distribution
- 55% of the sources lean Left
55% Left
L 55%
C 36%
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