Can You Sue an Ex for Abuse? The New Tort of Intimate Partner Violence

For years, people who lived through controlling or abusive relationships could raise family violence in their family case, but compensation for the harm itself was harder to pursue. Existing torts, such as assault, were not designed for a pattern of control.

In Ahluwalia v. Ahluwalia, the Supreme Court of Canada recognized a new tort of intimate partner violence. This article explains what the decision says, what it means in BC, and the practical questions to answer before you sue a former partner.

What the Supreme Court of Canada decided

Ahluwalia v. Ahluwalia, 2026 SCC 16, was decided on May 15, 2026, on appeal from the Court of Appeal for Ontario. It arose from a divorce after a 16-year marriage. The trial judge had recognized a new tort; the Court of Appeal declined to do so and reduced the damages. A majority of the Supreme Court allowed the appeal in part and recognized a new tort of intimate partner violence. Three judges would have dismissed the appeal.

According to the Court's case brief, intimate partner violence in this sense is coercive and controlling conduct that can limit a person's dignity, autonomy and equality. It is not limited to separate physical acts and may include isolation, humiliation, surveillance, financial control, sexual coercion and intimidation. The majority found that existing torts, such as assault and intentional infliction of emotional distress, do not fully capture the separate harm of coercive control.

The case brief sets out three things a claimant must show:

• The wrongful conduct happened during an intimate relationship or after it ended.
• The other person intentionally engaged in abusive conduct.
• Viewed in context, the conduct amounted to coercive control.

The Court found that Ms. Ahluwalia met these elements and was entitled to damages under the new tort. The case brief does not say how damages should be measured in future cases or how a tort claim should be run alongside a family case, so those points need advice on the full reasons and on later decisions.

Does the new tort apply in BC?

Decisions of the Supreme Court of Canada on the common law apply across the country, including in British Columbia, so the new tort is part of the law here. How BC courts will apply it is still developing.

Open questions include how a claim of this kind should be brought alongside a BC family case, how the court will manage the two together, and how damages will be measured. Because the law is new, any decision about suing should be based on a current review of the full reasons and of the BC decisions that follow.

How this differs from family violence under the Family Law Act

BC's Family Law Act already defines family violence broadly. The definition in section 1 includes physical and sexual abuse, and psychological or emotional abuse such as intimidation, harassment, coercion or threats, unreasonable restrictions on a family member's financial or personal autonomy, and stalking. It applies with or without an intent to harm.

Under the Family Law Act, family violence affects parenting arrangements and can support a protection order. Our articles on coercive control in BC family courts and family protection orders explain those tools. They are designed to protect people and children going forward. A tort claim is different: it asks the court to order the other person to pay damages for harm already done.

Limitation periods: do not assume you have unlimited time

BC's Limitation Act sets a basic rule in section 6: a court proceeding must not be started more than 2 years after the day the claim is discovered. Section 3 lists claims the Act does not apply to. They include claims relating to sexual assault, and claims relating to assault or battery where the claimant was living in an intimate and personal relationship with, or was dependent on, the person responsible.

Those exemptions name sexual assault, assault and battery. They do not mention coercive control or the new tort by name. Whether a claim based mainly on non-physical abuse is caught by the 2-year rule, and when such a claim is discovered, are questions to raise with a lawyer early rather than after time may have run. Family law claims have their own deadlines too, explained in our article on family law deadlines in BC.

Before you add a damages claim to your family case

Suing a former partner is a strategic decision, not just a legal one. Points to work through with counsel include:

• Proof. Coercive control is usually a pattern rather than one event. Messages, emails, financial records, medical records and witnesses can matter, and gathering them takes time.
• Fit with the family case. A damages claim can affect how property, support and parenting issues are negotiated and how long the case takes. The court will decide how the claims are managed together.
• Cost and stress. A contested tort claim adds evidence, possible medical or other reports and trial time. Weigh that against what you need from the case.
• Collecting. A damages award is only as useful as the other person's ability to pay it. Assets and income are relevant from the start.
• Safety first. If you are in danger now, call 911. Protection orders and safety planning come before any claim for money.

Where the claim is likely to be heavily contested, it may involve both family and civil litigation work. Getting advice on both sides early helps you choose a route that suits your situation.

Thinking about a claim against a former partner? Get advice on timing first

Our family lawyers can review what happened, the state of your family case and the deadlines that may apply, and explain whether and how a claim for damages could be brought alongside it, working with our litigation colleagues where needed.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.