NAWL at the Supreme Court: Protecting Survivors of Intimate Partner Violence

On Wednesday, February 12th, the National Association of Women and the Law had the honour of appearing before the Supreme Court of Canada in a case that could shape legal protections for survivors of intimate partner violence. Ahluwalia v. Ahluwalia is about the creation of a new tort of family violence — a legal tool that could help survivors seek financial compensation and hold abusers accountable.

The facts of the case  

Ms. Ahluwalia is a survivor of intimate partner violence who was awarded $150,000 after the trial judge created a new tort of family violence, which recognized the unique harm endured by survivors of intimate partner violence.  

However, the Ontario Court of Appeal rejected the new tort, finding that existing torts were sufficient to address the harms of intimate partner violence.  

What is at stake?  

The Supreme Court of Canada will decide whether a distinct tort of family violence is needed.

Torts are a set of rules that govern how to compensate people who are harmed by the actions of others, such as medical malpractice, trespass and defamation.  

Currently, victims of intimate partner abuse can seek damages under separate torts such as assault, battery or intentional infliction of emotional distress. However, the appellant (Ms Ahluwalia) argues that a single tort would improve access to justice by making survivors’ legal claims simpler and easier to prove.  

What is NAWL’s position in this case? 

NAWL supports this important legal development, but we want to make sure the new tort is carefully defined. We intervened to tell the Supreme Court how, without proper safeguards, a new tort could be weaponized against survivors. We know that abusers already use the legal system to maintain control, often through accusations of “parental alienation” — a tactic used to silence and punish survivors in family courts. A similar reversal of the roles of abuser and victim could happen if courts are not well equipped to identify and deny false claims by perpetrators of family violence.  

In her oral argument last week, NAWL’s Director of Legal Affairs Suzanne Zaccour urged the Court to ensure that the new tort of family violence serves the interests of survivors, rather than becoming another tool of abuse. For instance, the Supreme Court could make clear that victims who act to protect themselves or their children should not be found liable for “family violence”. 

This work is deeply connected to NAWL’s broader project to improve family law for victims of intimate partner violence. In 2024, NAWL launched a campaign backed by over 250 feminist organizations, calling on Canada to stop the use of the discredited concept of “parental alienation” in family court. While progress on federal legislation has been delayed due to prorogation of Parliament until March 2025, we continue pushing forward, including at the provincial level.