Supreme Court of Canada Recognizes a New Civil Tort for Intimate Partner Violence
In Ahluwalia v. Ahluwalia (May 15, 2026), the Supreme Court of Canada created a new civil tort of intimate partner violence — recognizing that the cumulative...
Frequently Asked Questions
Can I sue my former partner for emotional abuse alone, without physical violence?
Yes. The new tort recognizes that coercive control — isolation, financial control, surveillance, humiliation, intimidation — can amount to intimate partner violence on its own, even without physical assault. You must prove the conduct occurred during or after an intimate partnership, was intentional, and amounted to coercive control.
How long do I have to file a claim under the new tort?
The Supreme Court did not set a fixed limitation period. Ontario's Limitations Act, 2002 provides a general two-year limitation from discovery, but the discoverability principle can extend the start of the clock for survivors who could not reasonably have appreciated the harm earlier. Get advice on the limitation analysis for your specific situation as soon as possible.
Does my partner have to be criminally convicted before I can sue?
No. The civil tort is independent of the criminal process. The civil standard of proof is the balance of probabilities — more likely than not — which is lower than the criminal standard of beyond a reasonable doubt. You can succeed in a civil claim even where a criminal prosecution does not proceed or results in an acquittal.
Can a licensed paralegal handle this kind of case?
Within Small Claims Court limits — currently $50,000 in Ontario (raised from $35,000 effective January 1, 2025) — yes, a licensed paralegal can represent the plaintiff. Most serious intimate partner violence cases will exceed that limit and must be brought in the Superior Court of Justice, which requires a lawyer. Divorce, parenting, and family property issues also require a family lawyer.
I am still in the relationship. Should I document things?
If you can do so safely, yes — preserving evidence is important regardless of whether you ultimately bring a civil claim. The most important thing is your safety. Call the Assaulted Women's Helpline at 1-866-863-0511 (24/7) or 9-1-1 in an emergency before worrying about evidence preservation.
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