Supreme Court to release landmark intimate-partner violence decision today

Supreme Court of Canada in Ottawa March 4, 2026. Photo by Blair Gable /Postmedia

Article content

OTTAWA — The Supreme Court will decide today if a victim of family violence can sue a former spouse for damages linked to “a pattern of emotional and physical” intimate-partner abuse.

Article content

The decision has been described by some lawyersdecision has been described by some lawyers as a “defining moment in the intersection of tort law and family violence.” It also cuts to the perennial question of if it is the court’s role to create a new remedies for misconduct or if that should be left to legislators.

Article content

Article content

Article content

The case opposes Kuldeep Kaur Ahluwalia and her ex-husband Amrit Pal Singh Ahluwalia. The two married in 1999 but separated in 2016 after Ms. Ahluwalia suffered multiple instances of violent physical, emotional and financial abuse from her spouse.

Article content

Article content

After the separation, Ms. Ahluwalia sued Mr. Ahluwalia for damages linked to the intimate-partner violence. In its decision, Ontario Superior Court Justice Renu J. Mandhane concluded that the marriage “was characterized by a pattern of emotional and physical abuse and financial control.”

Article content

Mandhane then created a new tort (or civil wrong) of “family violence” and awarded the her $150,000 in damages. It is exceptionally rare for courts to recognize new torts in family law.

Article content

But the Ontario Court of Appeal disagreed with Mandhane’s decision in 2023, ruling that there was no need to create a brand new tort for family violence since Ms. Ahluwalia’s claim could be addressed by existing torts of assault and battery.

Article content

The appeals court also reduced the damages award to $100,000.

Article content

Ms. Ahluwalia then appealed to the Supreme Court of Canada, who heard the case nearly one and a half year ago. The delay suggests a court divided about if it should uphold the appellate court decision or confirm the creation of a new tort for family violence.

Article content

At the Supreme Court, the federal government said it supported the creation of the new tort for family violence, though it has never legislated one.

Article content

The decision will be released at 9:45 a.m.

Article content

National Post

Article content

[email protected]

Article content

Article content