05/16/2026
Significant news in the legal world: The Supreme Court of Canada has recognized a new tort based on intimate partner violence. https://canlii.ca/t/kkzk1
A tort is a civil wrong where one person's wrongful or negligent action causes harm or loss to another, allowing the injured party to sue for compensation.
Per Wagner C.J. and Kasirer, Martin, O’Bonsawin and Moreau JJ.: A new tort of intimate partner violence should be recognized. Intimate partner violence is a pernicious social ill deserving of the full attention of the law. Best understood, it is not confined to conduct that inflicts physical or psychological injury, but includes all abusive conduct by which one intimate partner coerces and controls the other, thus depriving them of their autonomy. This includes egregious acts of physical and psychological violence, as well as tactics of isolation, manipulation, humiliation, surveillance, economic abuse, sexual coercion, and intimidation that can control and entrap intimate partners. In the instant case, it is recognized that the husband’s liability rests on the new tort of intimate partner violence.