From: Anthony
Sangiuliano <ar.sangiuliano@gmail.com>
Sent: Friday 15
May 2026 16:14
To: obligations@uwo.ca
Subject: A New
Tort of "Intimate Partner Violence" - Ahluwalia v. Ahluwalia, 2026
SCC 16
Dear
colleagues,
Today
the Supreme Court of Canada released its highly anticipated decision in Ahluwalia
v. Ahluwalia. In an opinion written by Justice Kasirer, the majority
recognized a new tort of "intimate partner violence." Justice
Karkatsanis wrote a concurrence, and Justice Jamal dissented. The Court's
plain language Case-in-Brief can be found here.
The
judgment is likely to be of great interest across the common law world, not
only because of the great victory it represents for victims of domestic abuse
but also because the majority outlines what it describes as a
"consolidated framework for the recognition of new torts."
In
the appeal before the Supreme Court, I served as a representative for the
intervener Tort Law and Social Equality Project, which as many of you know, is
headed by me, Sophia Moreau, and Haim Abraham. We made submissions on the
applicable framework for recognizing new torts. The Court's judgment cites to
the writing of a plethora of ODGrs, including Sam Beswick, Andrew Botterell,
Peter Cane, Erika Chamberlain, James Goudkamp, Margaret Hall, Nick McBride,
John Murphy, Stephen Pitel, Arthur Ripstein, Lionel Smith, Stephen Smith, Jane
Stapleton, Robert Stevens, Jason Varuhas, Ernest Weinrib, and perhaps more (I'm
sorry of I missed anyone!).
No
doubt the judgment will provide plenty of food for thought ...
All
the best,
Anthony
--