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The Newest Addition to the Family: The Tort of Intimate Partner Violence
It is with great joy that the Supreme Court of Canada – Wagner C.J. presiding, joined by Kasirer, Martin, O'Bonsawin, Moreau, and Karakatsanis JJ. — announces the birth of:
The Tort of Intimate Partner Violence
Born: May 15, 2026
Delivered by: Justice Nicholas Kasirer (majority reasons)
Weight: 6-3
The newest member of the Canadian tort family arrives ready to do what her older siblings – assault, battery, and intentional infliction of emotional distress – simply could not: capture the full, cumulative harm of coercion, isolation, humiliation, financial control, surveillance, and yes, even litigation abuse.
She is, her parents say, greater than the sum of her parts.
The new arrival will compensate for the loss of dignity, autonomy, and equality. She is expected to grow into a meaningful presence in family law proceedings across the country.
This was a long and difficult case, and Ms. Ahluwalia’s courageous pursuit of this case and contributions to family law remedies should be acknowledged.
Blog Categories
► Appeals (6)
- The Newest Addition to the Family: The Tort of Intimate Partner Violence
- The Standard of Review in Family Law Appeals
- Appealing an Interim Order to the Divisional Court, Part 2: Steps, Materials, and Deadlines
- Appealing an Interim Order to the Divisional Court, Part 1: The Test for Leave to Appeal
- Starting an Appeal: Timeline and Getting an Extension of Time
- Appeal vs. Variation: What to Do When Circumstances Change After Trial
► Back to Basics (3)
► Child Support (6)
- In Bounds or Out of Play: When are the Costs of Competitive Sports a Legitimate Section 7 Expense?
- Enforcing Annual Adjustments in Child Support Orders
- When are Cell Phones S. 7 Expenses?
- How to Prove it: What Evidence is Needed to Show Reasonable Health Needs Justify Under/Unemployment?
- Does a Child Support Order Automatically Bind the Estate of the Payor? Yes, If Made Under the Family Law Act ; No, If Made Under the Divorce Act
- Imputation of Income: Debunking the Minimum Wage Myth
► Costs (2)
► Domestic Contracts or Agreements (3)
- Make Up, Break Up: What Happens to a Domestic Contract When Parties Reconcile and Separate Again?
- When the Divorce Act Doesn’t Apply to Married and Divorced Spouses: Know the Exceptions!
- An Update on Torgersrud v. Lightstone and the “High Threshold” for Ousting Equalization in a Foreign or Out-of-Province Marriage Contract
► Enforcement (4)
► Family Violence (5)
- The Newest Addition to the Family: The Tort of Intimate Partner Violence
- Top Ontario Family Law Cases of 2025 (So Far): Speed Reads
- Proceed With Caution: The Reluctance and Risks of Surreptitious Recordings in Family Law Proceedings
- Delay Due to “Lack of Emotional Means” Does Not Bar a Claim for Spousal Support
- ONCA Finds No Tort of Family Violence: Where Does that Leave Tort Claims in Family Law Cases Now?
► Foreign Orders or Agreements (4)
- When the Divorce Act Doesn’t Apply to Married and Divorced Spouses: Know the Exceptions!
- Top Ontario Family Law Cases of 2025 (So Far): Speed Reads
- “Unfair Forum Shopping”: A New Defence to Recognition of a Foreign Divorce
- An Update on Torgersrud v. Lightstone and the “High Threshold” for Ousting Equalization in a Foreign or Out-of-Province Marriage Contract
► Other (8)
- The Newest Addition to the Family: The Tort of Intimate Partner Violence
- Whose Plan Is It Anyway? Recent Case Law Clarifies the Treatment of RESPs
- Treat Yourself! But Remember, It’s Not a “Third-Party Gift” if You Paid for It
- Key 2025 Child Protection Cases
- Security for Costs: When Will a Court Require a Party to Provide Financial Security Before The Claims Are Decided?
- The Treatment of RRSP Withdrawals in Determining Income for Child Support Purposes: Why the ‘Why’ Matters
- Open Court, Private Lives: The Balancing Act in Family Law
- Introducing: Lam Family Law’s Newsletter!
► Parenting (9)
- Cleared for Takeoff: Travel-Related Orders in Family Law
- Kayleigh Pink Recently Published in Law360 Canada With Article: Stay the course or explain the deviation: Reasons required for judicial departure from AFCC-O Guide
- Non-Disparagement Clauses in Ontario Parenting Orders
- Top Ontario Family Law Cases of 2025 (So Far): Speed Reads
- "Two Households, Both Alike in Dignity": Parenting Time and Day-to-Day Parenting Decisions
- Disability and Parenting Orders Under the Divorce Act: Adult Children Presumed Capable of Decision-Making and Entitled to Be Heard
- Choice of School Motions:
Overview and Private vs. Public - Judicial Reliance on the AFCC-O Parenting Plan Guide
- Best Interests of the Indigenous Child, and Irrelevant Factors for Determining Urban v. Reserve Residence
► Procedure/Evidence (9)
- Open Court, Private Lives: The Balancing Act in Family Law
- Proceed With Caution: The Reluctance and Risks of Surreptitious Recordings in Family Law Proceedings
- Starting an Appeal: Timeline and Getting an Extension of Time
- Setting Aside a Default Order or an Order Noting a Party in Default in Family Law
- Vexatious Litigant Orders in Ontario Family Law
- ONCA Confirms Enforcement of a Final Order Does Not Require a New Proceeding
- Costs Following a Conference are Mandatory in Certain Circumstances (and Can be Substantial)
- How to Prove it: What Evidence is Needed to Show Reasonable Health Needs Justify Under/Unemployment?
- Appeal vs. Variation: What to Do When Circumstances Change After Trial
► Property (11)
- Back to Basics: Property Division in Ontario
- When Liabilities Aren’t Set in Stone: How Ontario Courts Handle Contingent Liabilities in Determining Equalization of Net Family Property
- Gifts or Loans? Decoding the Intent Behind Parental Generosity
- From Non Chhom v. Green to Today: Navigating Occupation Rent Claims in Ontario
- How a Non-Titled Common Law Spouse May Obtain Interim Possession to their Spouse’s Solely Owned Property
- Uncertainty in the Resulting Trust Analysis: What is the Effect of an Intention to Avoid a Merger under the Planning Act?
- Bare Trusts: What Are They, and How Are They Relevant in Family Law?
- A Successful Unjust Enrichment Claim Between Married Spouses: Mullin v Sherlock, 2023 ONSC 4769
- An Update on Resulting Trust Claims in the Context of Creditor-Proofing
- An Update on Torgersrud v. Lightstone and the “High Threshold” for Ousting Equalization in a Foreign or Out-of-Province Marriage Contract
- Married Spouses and Equitable Claims: Recent ONCA Decision Narrows Availability of Proprietary Estoppel in Family Cases
► Spousal Support (5)
- Back to Basics: Interim Spousal Support Orders in Ontario
- Top Ontario Family Law Cases of 2025 (So Far): Speed Reads
- How to Prove it: What Evidence is Needed to Show Reasonable Health Needs Justify Under/Unemployment?
- Delay Due to “Lack of Emotional Means” Does Not Bar a Claim for Spousal Support
- Imputation of Income: Debunking the Minimum Wage Myth
