BWSS Granted Leave to Intervene in Ahluwalia v. Ahluwalia

Intimate partner violence (IPV) manifests in many forms, all of which cause profound harm to victims and survivors, who are disproportionately women and children. In August, the Minister of Justice and Attorney General of Canada declared that gender-based violence is an epidemic. Historically, legal systems primarily sanctioned physical and sexual abuse, with spousal sexual assault only criminalized as recently as 1983.

Over time, emotional and financial abuse, along with coercive control, have been recognized as insidious and pervasive forms of IPV. Coercive control, as articulated by Evan Stark in Coercive Control: How Men Entrap Women in Personal Life (Oxford University Press, 2007), focuses on patterns of behavior rather than isolated incidents. It examines the impact on survivors’ autonomy rather than merely physical injuries. While coercive control remains un-criminalized in Canada—unlike in jurisdictions such as England and Wales—many Canadian laws now broadly define IPV to include emotional and financial abuse alongside coercive control. These broader definitions inform decisions about parenting, protection orders, early lease terminations, employment leave, and other remedies.

The Supreme Court of Canada’s deliberation in Ahluwalia v. Ahluwalia (SCC File No. 41061) could reshape how Canadian law recognizes and remedies family violence. At the heart of this appeal is the question of whether a specific tort of family violence is necessary to address the systemic, long-term harms caused by patterns of abuse, coercion, and control. This case underscores the shortcomings of existing legal frameworks and highlights the need for reforms that better support survivors, particularly women and gender-diverse individuals.

The Supreme Court of Canada’s deliberation in Ahluwalia v. Ahluwalia . Central to this appeal is the recognition of a proposed nominate tort of family violence, a legal reform that could provide survivors with more effective avenues for justice. This blog examines the importance of this case, the case law informing its context, and the collective advocacy efforts led by Battered Women’s Support Services (BWSS) and other intervening organizations.

At trial, Ms. Ahluwalia sought damages as part of her divorce proceedings, citing a sustained pattern of emotional, physical, and financial abuse by her ex-husband. The trial judge created a new tort of family violence, awarding Ms. Ahluwalia $150,000 in damages. This decision emphasized the cumulative harm caused by IPV, stating:

“…existing torts do not fully capture the cumulative harm associated with the pattern of coercion and control that lays at the heart of family violence cases… These uniquely harmful aspects of family violence are not adequately captured in the existing torts.”

The Ontario Court of Appeal overturned the creation of the new tort, asserting that existing legal mechanisms like assault, battery, and intentional infliction of emotional distress were sufficient. They reduced Ms. Ahluwalia’s damages to $100,000. The case now lies before the Supreme Court of Canada, which will determine whether the proposed tort of family violence is both necessary and appropriate.

BWSS filed a submission to intervene in the Supreme Court case to underscore the need for the legal system to explicitly recognize family violence as a distinct tort. BWSS was granted leave to intervene in Ahluwalia v. Ahluwalia and our submission will ask the court to:

• Provide survivors with a clear legal avenue for redress.
• Acknowledge the intersectional dimensions of violence.
• Ensure that systemic barriers and historical injustices are addressed within legal proceedings.

The concept of intersectionality—within the context of historical inequities, the understanding that social categorizations such as race, class, and gender overlap to create unique experiences of oppression—must guide the Court’s deliberations. The recognition of this principle would represent a step toward justice that is equitable and inclusive.

Tort law, historically shaped by a male-centric perspective, has failed to provide adequate remedies for IPV survivors. Key issues include:

• Fragmented Framework: Current torts address specific incidents, such as assault or battery, but fail to capture the long-term and systemic nature of IPV.
• Barriers to Proof: Survivors face significant challenges in proving both the abuse and its extensive psychological, emotional, and financial impacts.
• Compensation Disparities: Survivors of IPV often receive lower damages compared to victims of violence by strangers, reflecting systemic biases.

These shortcomings reinforce the need for a comprehensive legal framework that acknowledges the cumulative and intersecting harms of IPV.

BWSS joins several prominent organizations in seeking to intervene in Ahluwalia v. Ahluwalia, including:

• Action ontarienne contre la violence faite aux femmes
• Barbara Schlifer Commemorative Clinic
• DisAbled Women’s Network of Canada
• Justice for Children and Youth
• National Association of Women and the Law
• Women’s Legal Education and Action Fund (LEAF)

Together with these organizations, BWSS is part of a broad coalition of voices advocating for survivors’ rights and systemic change. Our collective intervention highlights the widespread recognition of family violence as a critical issue requiring a dedicated legal framework.

The Supreme Court’s decision on the proposed tort of family violence holds significant implications for survivors across Canada. Acknowledging family violence within the legal framework would not only offer new pathways for justice but also affirm the unique challenges faced by marginalized communities. Advocacy organizations like BWSS are essential in shaping a legal landscape that prioritizes equity, safety, and dignity for all.

By recognizing the unique experiences of survivors and integrating intersectional principles into the legal framework, Canada can take a vital step toward combating family violence and supporting those most affected by its devastating impacts.