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Notice to the Profession and Public: Claims for Damages for Intimate Partner Violence

Jun 1, 2026

 

Further to the decision of the Supreme Court of Canada in Ahluwalia v Ahluwalia, 2026 SCC 16:

A claim in tort for damages for intimate partner violence is a civil claim that must be pleaded separately from any Divorce Act or Family Law Act action, by way of Statement of Claim, under Part 3, Division 3 of the Alberta Rules of Court. The separate civil claim for intimate partner violence will not prevent the issues of intimate partner violence and/or coercive control from also being raised in any separate Divorce Act or Family Law Act action when required.

Where a separate civil action for intimate partner violence has been filed, in addition to a Family Law Act or Divorce Act action, parties will be expected to so indicate on the Request for Mandatory Intake Triage (MIT) Conference Form.