11/26/2025
Let’s talk about he Tort of Family Violence or Coercive Control:
In February 2022, the issue of family violence was thrust into the limelight in water cooler discussions in courts and law firms across Canada when the Honourable Justice Renu Mandhane of the Superior Court of Justice essentially created a “new” tort of family violence or coercive control
So what is a tort?
Under the law, there are three (3) main ways you can seek remedies in court: 1) breaches of contract, 2) statutory breaches (i.e. breaches of laws enacted by the government) and 3) breaches of tort enforcing terms of a contract and 3) tort breaches.
A tort is a wrong action involuntarily committed by an individual against someone else that causes the latter to suffer a harm or loss, which the latter can then be compensated for their losses through legal remedies such as damages. They are different from contracts because torts involve a breach of duty imposed by the law, rather than duties that stem from an agreement between parties. Common tort cases include personal injury caused by car accidents, medical malpractice claims, and slander or defamation that causes reputational harm.
In family law, survivors of family violence can seek remedies under the existing torts of batter or intentional infliction of emotional distress. As you will see below, some judges believe existing torts do not do the right job in remedying the harm caused by family violence or coercive control.
How could a tort of family violence be “created”?
In the case of Ahluwalia v. Ahluwalia, the Honourable Justice Mandhane ruled that to properly remedy the Respondent Mother claims of compensatory and aggravated damages resulting from a 16-year chronic pattern of intimate partner violence (IPV) characterized by emotional, mental and psychological abuse and breach of trust, the Court would recognize a “new” tort of family violence. Justice Mandhane noted that this new tort was necessary because existing torts, such as battery and intentional infliction of emotional distress, do not adequately address the chronic and long-term harm of intimate partner violence. The Court awarded the Respondent Mother $150,000.00 in damages stemming from the new tort of family violence.
The Applicant Father appealed the decision to the Ontario Court of Appeal. The Ontario Court of Appeal overturned Justice Mandhane’s decision, finding that the existing torts could address the claims made by the Respondent Mother. The Court of Appeal also reduced the Respondent Mother’s award in damages to $100,000.00.
A request to appeal the decision was made to the Supreme Court of Canada, and the request was granted. The Supreme Court of Canada heard submissions in this matter in February 2025 from both parties, as well as multiple intervenors, including the Attorney General of Canada, legal aid clinics, and community organizations specializing in assisting survivors of intimate partner violence. The Supreme Court of Canada has reserved judgment in this case, and it will take several months before the court’s judgment is released.
So how does this affect my case?
If the Supreme Court of Canada recognizes the tort of family violence or coercive control, this may significantly impact clients who have faced years of abuse and seek additional compensation in court for damages.
If you want to learn more about the tort of family violence or coercive control and how it will impact your case, reach out to us by clicking the link below. We are here to help you answer all your family law questions – so book your consultation today and let’s talk!
Sheema Ali, Associate Lawyer, MFFL
