Our previous post explained what the tort of intimate partner violence is and why it was recognized by the Supreme Court of Canada. This post focuses on how a claim for damages is made and what compensation may be available.
Can I make a claim for intimate partner violence?
To bring a claim for damages for intimate partner violence, you must be able to show that:
- The abusive conduct occurred during an intimate relationship or after it ended;
- The other person intentionally engaged in the abusive conduct; and
- Their conduct amounted to coercive control.
If you can prove these elements, the court may award you damages to compensate you for the harm you have suffered.
How is a claim made?
A claim for damages arising from intimate partner violence is a civil claim. In Alberta, if you are seeking damages, you must generally start a separate civil action by filing a Statement of Claim.
This is separate from any proceeding under the Divorce Act or Alberta’s Family Law Act. However, allegations of intimate partner violence and coercive control may still be raised in family law proceedings where they are relevant, such as when determining parenting arrangements or other family law issues.
If you have both a family law proceeding and a civil claim for damages, the court must be advised so the related matters can be managed appropriately.
What damages may be available?
If your claim is successful, the court may award damages to compensate you for the harm caused by the intimate partner violence.
In Ahluwalia, the trial judge initially awarded the wife $150,000 in damages, consisting of $50,000 in compensatory damages, $50,000 in aggravated damages, and $50,000 in punitive damages. On appeal, the damages were reduced by $50,000, and the parties ultimately settled on an award of $100,000.
The Supreme Court of Canada explained that the damages were intended to compensate not only for psychological injuries and financial losses, but also for the distinct harm caused by coercive control, including the loss of dignity, autonomy, and equality. The Court held that these harms should be reflected in general compensatory damages, recognizing that intimate partner violence causes injuries beyond those addressed by traditional torts such as assault or battery.
If you have experienced or are experiencing intimate partner violence, support and legal remedies may be available. Our family law and civil litigation professionals are available to discuss your situation, answer your questions, and help you understand your legal options.