U֦Ƶ Law professor cited extensively in a recent Supreme Court of Canada decision
In a landmark decision, Ahluwalia v Ahluwalia, the Supreme Court of Canada created a new tort for intimate partner violence (IPV), giving survivors legal avenues to seek compensation from former partners for the harms they have experienced. This tort can be pursued within the context of family law proceedings, improving access to justice.
In a decision released the majority concluded that IPV constitutes a distinct civil wrong. The central focus of the court’s decision was the recognition of a new legal remedy, the tort of intimate partner violence.
The Court’s reasoning reflected decades of feminist legal scholarship and advocacy concerning coercive control and gender-based violence. Among the scholars cited was ֦Ƶ Faculty of Law professor Jennifer Koshan. The court cited from four different publications authored or co-authored by Koshan, and in particular, the majority cited several passages from she wrote with former U֦Ƶ Law colleague Deanne Sowter on the tort of family violence.
“My ongoing collaborative research on coercive control reveals a real need for guidance for lawyers, courts, and other family law professionals, as well as the need to incorporate equality principles into family and other areas of law. Ahluwalia is a template for accomplishing these goals,” Koshan said, highlighting the significance of the case.
Koshan also contributed to several intervener factums relied upon by the court, which helped frame the analysis through the lens of equality principles. At the centre of the case was Ms. Kuldeep Kaur Ahluwalia, who represented herself at trial and pursued the matter to Canada’s highest court, securing a landmark victory for survivors of IPV.
Koshan’s research, which is supported by a ֦Ƶ Research Excellence Chair in family violence, helped lay the foundation for the 2026 ruling, significantly expanding the scope of Canadian tort law; however, she warns that substantial work remains to ensure this remedy is readily accessible and that other reforms are also needed.
“I hope that we can renew our commitment to public responsibility for responding to the harms of IPV, including by providing more affordable housing, pay equity, employment and education benefits, and other social measures that support survivors who cannot recover damages from their ex-partners,” she said.
The decision also stands as one of the final rulings in which former U֦Ƶ Law dean, Justice Sheilah Martin, participated in before she retires from the Supreme Court of Canada later this year.
According to Koshan, Justice Martin’s influence on the decision was apparent in its strong emphasis on equality principles, building on earlier decisions that helped pave the way for recognition of this new tort.
"Justice Martin did not write the majority judgment in Ahluwalia, but I can see her voice reflected in it," she said.
The Supreme Court of Canada’s recognition of the tort of intimate partner violence marks a transformative step in Canadian law, strengthening access to justice for survivors and acknowledging the lasting harms caused by coercive control and gender-based violence.
Koshan and several colleagues will participate in a roundtable discussion on Ahluwalia at the Canadian Association of Law Teachers conference in London, Ontario on June 4, and she looks forward to discussing the case with her students next year.