Recorded 2026-09-22
Qualifies for 1.0 CPD Hour

Materials:
https://www.dropbox.com/scl/fi/8bcybmpjzwc7dm0y4iyfe/Power-Point-CPD-461-Ahluwalia-v-Ahluwalia-and-The-New-Tort-of-Intimate-Partner-Violence.pdf?rlkey=ehkcuj1dgmyz0yrw4cqx64f34&st=q3t8esyl&dl=0

Neil McPhee gives this presentation on the Supreme Court of Canada’s recent decision in Ahluwalia v Ahluwalia, 2026 SCC 16, and its recognition of the new tort of intimate partner violence.
The decision represents an important development in Canadian tort and family law. The presentation will examine the distinct harm addressed by the new tort, namely interference with an intimate partner’s autonomy, and consider how the cause of action fits alongside established torts such as assault, battery and intentional infliction of emotional distress.

The presentation will address:
the rationale for recognizing intimate partner violence as a distinct tort;
the elements of the cause of action, including the requirement for objectively assessed coercive control;
the meaning of an “intimate partnership” and its “aftermath”;
how the claim may be advanced alongside family law proceedings in Saskatchewan; and
the potentially significant question of whether a limitation period applies.

The session is intended for lawyers and other members of the legal profession interested in the practical implications of Ahluwalia for family litigation, civil claims arising from intimate partner violence, and the developing law of intentional torts.

Presenter:
Neil McPhee, Scharfstein LLP

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