An Introduction to Canada’s New Tort for Intimate Partner Violence

The Supreme Court of Canada has introduced an important new legal tool for survivors of intimate partner violence. Through a landmark decision, the Court recognized a new tort of intimate partner violence, allowing survivors to seek civil damages for the harm caused by coercive and controlling behaviour within intimate relationships. This marks a significant shift in Canadian tort law and strengthens protections for survivors across the country.

Why the Court Created This New Tort

Justice Nicholas Kasirer, writing for the majority, emphasized that intimate partner violence is a serious social issue requiring meaningful legal remedies. He noted that abuse is not limited to physical or psychological injury. It also includes patterns of behaviour that undermine a person's autonomy and control in an intimate relationship.

According to the Court, abusive conduct may take many forms, including:

• Isolation, manipulation, and humiliation
• Surveillance and intimidation
• Economic abuse
• Sexual coercion
• Other forms of coercive control that restrict a partner’s independence

These forms of harm often do not fit neatly into existing legal categories. The new tort fills an important gap by recognizing the distinct injuries survivors experience—especially to their dignity, autonomy, and equality.

What Survivors Must Prove

To establish liability under the new tort of intimate partner violence, a survivor must prove three key elements:

• An intimate relationship: The wrongful conduct occurred during the relationship or after it ended.
• Intentional behaviour: The abusive partner intentionally engaged in the harmful conduct.
• Coercive control: The conduct, when viewed in context, amounted to coercive control that deprived the survivor of dignity, autonomy, or equality.

Importantly, once coercive control is established, survivors do not need to prove separate or additional harm. The coercive behaviour itself is recognized as the injury.

Why This Decision Matters

The ruling is widely viewed as a historic moment in Canadian law. Advocates note that it validates the many subtle, persistent, and often invisible forms of abuse that survivors endure. By acknowledging coercive control, the Court ensures the law is more responsive to the lived experiences of survivors.

The decision also strengthens access to justice. Survivors now have a clearer path to pursue civil remedies—something that was previously difficult when abusive behaviour did not fit within traditional tort categories.

Recognition of Charter Values

The Court emphasized that intimate partner violence violates key Charter-protected rights, including liberty, equality, and psychological and physical security. This acknowledgment reinforces that coercive control is not only harmful—it is a violation of fundamental rights.

A Step Toward Broader Legal Protection

Although the new tort specifically addresses intimate partner violence, the Court left the door open for future development of torts that may apply to other forms of family violence, including violence against children or elders. This signals an evolving and more inclusive approach to addressing harm within families.

In Summary

The newly recognized tort for intimate partner violence:

• Allows survivors to seek civil damages for coercive and controlling behaviour
• Recognizes a wide range of abusive conduct—not only physical or psychological harm
• Requires proof of an intimate relationship, intentional conduct, and coercive control
• Closes a long-standing gap in Canadian common law
• Improves access to justice and acknowledges the rights and dignity of survivors

This decision represents an important step towards bringing Canadian tort law in line with the realities of modern intimate relationships, and will hopefully provide survivors with a meaningful avenue for additional accountability and healing. We look forward to seeing how it will be applied once before the courts in New Brunswick.