On May 15, 2026, the Supreme Court of Canada recognized the new tort of intimate partner violence in its decision Ahluwalia v. Ahluwalia, 2026 SCC 16. The tort focuses on conduct that amounts to coercive control, by a person in an intimate partner relationship, that results in harm to their partner’s dignity, autonomy, and equality.
What is an Intimate Partnership?
The Court defines an intimate partnership a “a relationship of close personal connection, sustained over a period of time, and marked by mutual interdependence, care or commitment, and the presence of domestic, emotional, financial, or physical intimacy” (para 102). This court is also clear that, while an such relationships are “rooted in conjugality… [they are] … not defined by sexual relations” nor is an intimate partnership contained only to legal relationships already recognized by the law, such as marriage or cohabitation.
What is Coercive Control?
The Court defines coercive control in a non-exhaustive, functional manner, which includes: tactics of isolation, manipulation, humiliation, surveillance, physical, psychological, sexual, and economic abuse, and intimidation that can control, isolate, and entrap intimate partners (para 190). The Court also emphasized that coercive control has the cumulative effect of creating a “condition of unfreedom” (para 190). Despite the recognition that the effects of coercive control accumulate over time, the Court was clear that a single act of violence (para 13) may be sufficient to establish “coercive or controlling conduct by which one partner overpowers the will of the other” (paras 190).
Elements of the Tort
A person claiming damages under this tort must establish:
- The abusive conduct arose in an intimate partnership or its aftermath.
- The defendant intentionally engaged in the conduct. The plaintiff need only prove intention to do the impugned acts, not a subjective intention to control the partner.
- The conduct, assessed objectively, constitutes coercive control. The question is whether a reasonable person, fully apprised of the relationship context, would view the acts cumulatively as an assertion of control that deprived the plaintiff of dignity, autonomy, and equality in the relationship.
Resources
If you or someone you know is in immediate danger, call 9-1-1 or your local police emergency number. There are also a number of resources available if you are experiencing abuse including:
- VictimLinkBC is a toll-free, confidential, multilingual service available 24/7 in B.C. Staff can connect you to community, social, health, justice and government resources, including victim services, transition houses and counselling resources. If you need help, please call or text 1-800-563-0808 or email 211-VictimLinkBC@uwbc.ca.
- Victim Services assist with locating services for victims of crime across Canada. Visit the website to find the office closest to you. They can assist you in creating safety plans and connect you with legal aid, social workers and counselling.
- Family doctors and public health nurses can give you advice on what to do if you are being abused, and help you with your physical and psychological injuries or refer you to someone who can.
By Clayton Gray