If you are experiencing intimate partner violence (“IPV”), it can be difficult to know where to turn or what legal protections may be available to you. Many people still think of “domestic violence” as involving only physical assaults, but Canadian law now recognizes that abuse can also include more subtle forms of abuse, such as:
- coercive control,
- intimidation,
- financial control,
- threats,
- stalking,
- humiliation,
- isolation, and
- emotional abuse.
As we wrote in another Blog, a recent Supreme Court of Canada called Ahluwalia v. Ahluwalia has confirmed that victims of IPV may have additional civil remedies available to them through the courts.
If you are a victim of IPV, here are some of the legal protections and remedies that may be available in Ontario:
- Financial compensation, through the civil courts. In Ahluwahlia Ahluwalia, the Supreme Court of Canada has now recognized a new civil tort of “intimate partner violence.” In appropriate cases, victims may be able to claim monetary damages against an abusive spouse or partner where there is a pattern of coercive and abusive conduct (not merely isolated physical assaults). This can include behaviour such as intimidation, surveillance, financial abuse, sexual coercion, isolation from family and friends, and controlling conduct over time.
- Protective orders from the Family Courts. In Ontario, the Family courts are empowered to make restraining orders and other protective orders designed to help keep victims and children safe. Courts may prohibit contact, restrict communications, or place conditions on parenting arrangements where family violence is an issue.
- Consideration of IPV as part of the court’s decisions on parenting. Under both the Divorce Act and Ontario Family law legislation, courts must consider family violence when deciding parenting arrangements and the best interests of children. Allegations of IPV can therefore affect import rulings, such as decision-making responsibility, parenting time, supervision requirements, and exchanges involving children.
- Possession of the matrimonial home post-separation. In some situations that involve married spouses, the court can grant one of them “exclusive possession” (not ownership) of the matrimonial home – even if both spouses’ names are on title. This arises under Ontario Family law legislation, which gives the courts authority to order a spouse to leave the home pending the divorce trial or other stage in the proceeding.
- Criminal charges against the abuser. Many forms of IPV may also amount to criminal offences under Canada’s Criminal Code. Depending on the circumstances, police may investigate offences such as assault, sexual assault, uttering threats, criminal harassment (stalking), forcible confinement, or harassment through electronic communications. Courts can also impose no-contact orders, peace bonds, probation conditions, or jail sentences.
- Ending a lease early, for tenancy situations. A tenant experiencing IPV may be able to end his or her lease early, under Ontario’s Residential Tenancies Act, 2006. It contains important protections for tenants experiencing sexual or domestic violence – including the ability to terminate a lease early in some circumstances, by giving shortened notice to the landlord. This can help such individuals leave unsafe living conditions more quickly.
- Access to emergency and community supports. Victims of IPV may have access to shelters, counselling services, victim assistance programs, legal clinics, and emergency support organizations throughout Ontario. In urgent situations involving immediate danger, contacting police or a local shelter may be necessary.
Every situation is different, and not every legal remedy will be appropriate in every case. Some people pursue criminal remedies, while others focus on family court protections, housing issues, or civil compensation. In many situations, several different legal options may exist at the same time.
If you’re a survivor of IPV, give our offices a call. We can provide advice on all these potential options, and help you get to a better place.
For the full text of the cited decision see:
Ahluwalia v. Ahluwalia, 2026 SCC 16 (CanLII), <https://canlii.ca/t/kkzk1>
