The New Tort of Intimate Partner Violence – What You Need to Know
In May 2026, the Supreme Court of Canada recognized a new civil claim known as the tort of intimate partner violence. This landmark decision gives survivors of intimate partner violence a new way to seek financial compensation for the harm they have suffered, even where the abuse extends beyond physical violence.
The Court recognized that existing legal claims, such as assault or battery, did not always capture the full impact of abusive relationships—particularly where the abuse involved ongoing coercive control rather than isolated acts of violence.
What Is the Tort of Intimate Partner Violence?
The new tort applies to conduct that occurs within an intimate relationship, or in some cases after the relationship has ended, where the parties remain connected through circumstances such as co-parenting or ongoing financial ties.
Unlike traditional claims that often focus on a single incident, this new tort recognizes that abuse frequently occurs as a pattern of controlling behaviour over time. The law now acknowledges that repeated emotional, psychological, financial, or other forms of coercive conduct can cause serious harm, even where there has been little or no physical violence.
What Is Coercive Control?
Coercive control refers to behaviour that is intended to dominate or control an intimate partner and limit their independence. Every relationship is different, but examples may include:
- Isolating a partner from family and friends;
- Controlling finances or access to money;
- Monitoring communications or movements;
- Repeated intimidation, threats, or humiliation;
- Interfering with employment or education; or
- Using children or court proceedings to maintain control.
The Court emphasized that while one incident alone may not always amount to intimate partner violence, a series of behaviours viewed together may establish a pattern of coercive control.
What Does a Person Have to Prove?
To succeed in a claim, a person must generally establish that:
- the conduct occurred within an intimate relationship (or its aftermath);
- the other person intentionally engaged in the conduct; and
- the conduct, viewed objectively, amounted to coercive control.
Importantly, the Supreme Court held that once these elements are established, the law recognizes that harm has occurred. The loss of dignity, autonomy, and equality within the relationship is itself a compensable injury.
What Compensation May Be Available?
A successful claim may result in an award of damages to compensate for the harm caused by intimate partner violence. These damages are separate from issues such as child support, spousal support, or property division.
The Court recognized that survivors may suffer lasting emotional, psychological, and personal harm arising from coercive control, and that compensation should reflect the seriousness of that harm.
Why This Decision Matters
The Supreme Court’s decision represents a significant development in Canadian family and civil law. It recognizes that intimate partner violence is not limited to physical abuse and that patterns of manipulation, domination, and control can have profound and lasting consequences.
For many survivors, this new tort provides an additional legal avenue to seek accountability and compensation while addressing the full impact of abusive relationships.
How The Cahill Firm Can Help
If you believe you have experienced intimate partner violence or have questions about how this new area of the law may affect your family law matter, the experienced legal team at The Cahill Firm can help. We can explain your legal options, assess whether a civil claim may be available, and guide you through the legal process with compassion and practical advice. Contact us today to schedule a confidential consultation with one of our experienced family lawyers.