Family violence · Vancouver
Family violence claims in Vancouver
In May 2026 the Supreme Court of Canada recognised a new claim for intimate partner violence. I have filed one of British Columbia's first claims under it.
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Ahluwalia v. Ahluwalia, 2026 SCC 16
The Supreme Court has recognised a new claim for intimate partner violence
On 15 May 2026 the Supreme Court of Canada recognised intimate partner violence as a legal wrong in its own right. Until then, survivors had to fit years of abuse into older claims such as assault and battery, one incident at a time.
The new claim looks at the whole pattern. A survivor has to show three things:
The conduct happened during an intimate relationship or after it ended.
The other person engaged in the abusive conduct intentionally.
Viewed in context, the conduct amounted to coercive control.
A survivor does not have to prove a separate injury. Once coercive control is established, the loss of autonomy is the harm.
At the front of a new area of law
One of British Columbia's first claims under the new tort
I have filed one of the first claims in British Columbia based on the tort of intimate partner violence.
The law is new, and the courts have not yet settled how damages for intimate partner violence should be measured. The first cases will set the benchmarks that later ones follow.
Clients who bring claims now are doing more than seeking compensation for themselves. Their cases will help decide what survivors can expect in the years ahead.
What it covers
Abuse is not only physical
Physical and sexual abuse
Assaults, threats of harm and any sexual contact without consent.
Psychological control
Constant criticism, humiliation, monitoring and manipulation that wear a person down.
Financial control
Taking over the money, limiting access to it, or running up debt in the other person's name.
Isolation and intimidation
Cutting someone off from family, friends and work, or keeping them in fear.
What matters is the pattern. The question is whether the conduct, taken together, amounts to coercive control.
Damages
What a court can award
The Supreme Court confirmed that three kinds of damages are available for intimate partner violence.
Compensatory
For the wrong itself and for the losses that flow from it.
Aggravated
Where the way the abuse was carried out made the injury worse.
Punitive
To punish and deter conduct that is especially serious.
The amounts are not yet settled. The Court said an award must be a meaningful response to the seriousness of the wrong, and the first cases will set the benchmarks.
Protection now
A damages claim is one tool. These are the others.
Safety comes before compensation. I also act on:
- Protection orders under the Family Law Act
- Urgent applications made without notice, where safety requires it
- Orders giving you sole occupation of the family home
- Parenting arrangements that put the children's safety first
- Orders restricting contact and communication
- Financial disclosure where money has been hidden or controlled
Breaching a protection order is a criminal offence.
The process
What happens when you contact me
You set the pace. Nothing is filed and nobody is contacted until you decide to go ahead.
- 1
A confidential conversation
We talk through what has happened and what you want, in person or by Teams. It is free and it commits you to nothing.
- 2
Safety first
If you or your children are at risk, we deal with that before anything else, including a protection order where one is needed.
- 3
Building the record
We gather the evidence of the pattern: messages, bank records, photographs and the accounts of people who saw what happened.
- 4
Filing the claim
The claim is filed in the Supreme Court of British Columbia, alone or together with your family law case.
- 5
Settlement or trial
Many claims are resolved by negotiation. If yours is not, we talk through whether going to trial is the right step for you.
“Existing torts fail to remedy the specific wrong to dignity, autonomy and equality that intimate partner violence creates.”
Supreme Court of Canada, Ahluwalia v. Ahluwalia, 2026 SCC 16
Common questions
What people ask first
Does it have to be physical violence?
No. The Supreme Court said the claim covers abusive conduct by which one partner coerces and controls the other. That includes financial control, isolation and intimidation.
Do I need police reports or medical records?
No. They help where they exist, but the claim looks at the pattern of behaviour as a whole. Messages, bank records and the accounts of people who saw what happened can all be used.
Can I claim if we have already separated?
Often, yes. The claim covers conduct during the relationship and after it ended. Time limits can apply, so get advice early.
How much could I be awarded?
It is too early to say. Courts can award compensatory, aggravated and punitive damages, but the benchmarks are still being set by the first cases.
Get in touch
Talk to me in confidence
If you recognise your own relationship on this page, reach out when you are ready. The first conversation is free and confidential.