There is a welcoming trend in family law, namely one where the courts are using tort law to address acts of family violence.

In Canada, the legislation governing family law addresses issues like separation, divorce, parenting, child and spousal support, and property division. Although family law legislation has changed over the last 15 years, and now both the federal Divorce Act and the provincial Family Law Act address family violence, the legislation still fails to address many of the intricate impacts of family violence. One of the limiting features of our family law statutes in Canada is that they still do not provide a legal mechanism to compensate victims of family violence.

However, in the past year, a number of novel rulings have been released addressing family violence. In addition to a recent string of decisions integrating tort law and family law, such as that of C.S.K. v. P.K., 2025 BCSC 1728, this year also saw the Supreme Court of Canada review the decision in Ahluwalia v. Ahluwalia, 2022 ONSC 1303, which recognized the new tort of family violence.

What is Tort Law?

Tort law is the area of law that applies to claims for harms arising out of things like personal injuries, motor vehicle accidents, negligence, assault, battery, trespass, and other wrongdoings. The basic tenet of a tort claim is that it compensates a victim who has been harmed by another party’s actions. Tort law entitles a victim of a wrongful act to sue the wrongdoer for damages.

Family Violence at the Centre of the Marriage

C.S.K. v. P.K. 2025 BCSC 1728

In C.S.K. v. P.K., 2025 BCSC 1728, the Supreme Court of British Columbia (the BCSC) addressed the issue of family violence and acknowledged the cumulative harms associated with the pattern of control and coercion at play with family violence. The ruling by Justice Layton confirmed that a victim of family violence can and should be compensated for pain, suffering, and emotional distress suffered at the hands of an abuser.

Background

In C.S.K v. P.K., the claimant and the respondent were married in 1998. From the beginning, the marriage was marked by violence and control. At trial, the BCSC found that the respondent had been subject to repeated physical violence by the claimant throughout the marriage, and that four specific incidents formed the basis for the tort claim for battery:

1. The Wedding Night (1998, India)

At the time of the first physical assault, the respondent was 19 years old, and the claimant was 28 years old. The claimant testified that the attack arose from his disappointment over the dowry arrangements. During this attack, the claimant forced sex upon the respondent, slapped her, and later beat her with a slipper. The respondent’s family intervened, and the claimant was charged with assault. Following this attack, the parties reconciled after he apologized.

2. Arrival in Canada (2000, Canada)

The claimant assaulted the respondent on the day she arrived in Canada. The attack arose due to a property dispute involving the respondent’s father. The physical assault resulted in the claimant being kicked and spun into a closet.

Once again, the family members intervened, but the incident was not reported to the police.

3. Severe Beating (2001, Canada)

During the third attack, the claimant choked and hit the respondent. As a result of the third assault, the respondent was left with visible injuries. The claimant was subsequently charged with assault and uttering threats. He pleaded guilty and received a conditional discharge. This beating led to the couple separating for several months before they reconciled.

4. Christmas Day Attack (2018, Canada)

This incident led to the final separation. The claimant dragged the respondent by her hair, choked her, and slapped her forcefully in front of their children, rendering her unconscious.

The children called 911, and police intervened. The respondent suffered a concussion and a ruptured eardrum and was left permanently disabled and unable to work. The claimant was criminally charged with assault and received a jail sentence and 12 months of probation. After the Christmas Day attack, the respondent’s functional capacity was permanently reduced, and she was forced to rely on the help of her children.

Damages for the Tort of Battery

At trial, the BCSC concluded that the claimant had committed the tort of battery against the respondent in respect of the four attacks. The respondent was awarded $175,000 in non-pecuniary and aggravated damages for pain, suffering, and humiliation, plus $15,000 in punitive damages to denounce and deter the claimant’s conduct. The court emphasized that the respondent’s injuries were not just physical, but that she had suffered emotional pain and psychological harm. In accepting damages for battery, they are not limited to physical injuries but also cover emotional and psychological harm, especially when the abuse occurs in the context of a marriage.

C.S.K. v. P.K. confirms the importance of recognizing family violence within family law and stands as a powerful lesson for anyone navigating these difficult circumstances. Family violence is no longer addressed solely through criminal or tort law – it is now a central concern in family law.

A New Tort of “Family Violence”?

Ahluwalia v. Ahluwalia, 2022 ONSC 1303

Background

Ms. and Mr. Ahluwalia were married in 1999 and separated in 2016. There were two children of the marriage. The family finances were tight, and the parties had limited financial resources to support the family. Throughout the 16-year marriage, Mr. Ahluwalia inflicted emotional, physical, and financial abuse on his wife. In addition to instances of physical violence, Mr. Ahluwalia also belittled and insulted Ms. Ahluwalia and subjected her to a period of silent treatment.

Ahluwalia v. Ahluwalia: The Ontario Superior Court of Justice

Following an 11-day trial, Justice Mandhane released her written decision in Ahluwalia v. Ahluwalia, 2022 ONSC 1303, ruling that the existing torts, including battery, assault, and intentional infliction of emotional distress, failed to address the cumulative harms caused to victims of family violence. In her decision, Justice Mandhane ruled that a new tort of family violence should be created, given the unique elements present in family violence.

Justice Mandhane held that a tort of family violence is consistent with the goals of tort law, which has traditionally compensated victims for physical and mental harm. She also held that a tort of family violence is consistent with the societal imperative of ensuring that those who are liable take responsibility for their harmful actions.

Ahluwalia v. Ahluwalia: The Ontario Court of Appeal

In 2023, Mr. Ahluwalia appealed the trial decision, arguing that a new tort of family violence should not be created as it would create a floodgate of litigation. In Ahluwalia v. Ahluwalia, 2023 ONCA 476, the Ontario Court of Appeal (the ONCA) allowed the appeal in part. The ONCA confirmed that bringing a tort claim within a family law claim is appropriate, and that abuse in the domestic context should be compensated. However, the Court of Appeal ultimately found that the existing torts, including those of battery and assault, adequately addressed the harms imposed on Ms. Ahluwalia.

Writing for the ONCA, Justice Benotto further concluded that Mr. Ahluwalia was to be held liable for the torts of assault, battery, and intentional infliction of emotional distress. In addressing Mr. Ahluwalia’s liability, the ONCA found that the trial judge’s awards for damages were substantiated. However, the ONCA ultimately reduced the quantum of damages awarded from $150,000 to $100,000.

Ahluwalia v. Ahluwalia: The Supreme Court of Canada

On February 10, 2025, the issue of whether a new tort of family violence should be created was left before the Supreme Court of Canada (the SCC) who heard the landmark case of Ahluwalia v. Ahluwalia first decided by the Ontario Superior Court of Justice. Though we continue to wait for the SCC’s decision, we believe that regardless of the outcome, the ruling will still mark a significant development in recognizing the harms of family violence.

If you are experiencing family violence, you have the right to seek safety and fair treatment. If you need support or legal advice, reach out to a family law professional who can help guide you through your options and advocate for your well-being and security.