The Supreme Court Of Canada Just Opened A New Door To Sue Your Ex

 

A single Supreme Court of Canada decision can quietly change the ground rules for thousands of breakups and this one just did. We unpack the Court’s creation of a new tort tied to intimate partner violence, described in terms of coercive control and coercive and controlling conduct, and we dig into what that really means when the behaviour isn’t limited to physical violence. If you’ve ever wondered how the common law can invent a new civil wrong, this is a live example with immediate consequences for family law and civil litigation in Canada.

We talk plainly about the hard part: definitions and incentives. The ruling points to emotional abuse, economic control, manipulation, isolation, and even improper litigation tactics, with broad language about autonomy, equality, and meaningful life choices. That may capture serious harm, but it also leaves lawyers and judges with little guidance on what crosses the line or how money damages should be measured. We explain why that uncertainty could turn more divorces into longer court battles, especially when property division is on the table and “fault” arguments start creeping back into a system built to avoid them.

Then we shift to a chilling criminal law case out of Victoria: two friends, drinking, cocaine, guns, and a so-called bulletproof vest that proves only bullet resistant. The facts are grim, but the legal lessons are clear, from firearm offences and a polymer 80 type handgun to why you cannot legally consent to grievous bodily harm. We also break down how manslaughter works without an intent to kill, and why a firearm manslaughter conviction triggers a mandatory minimum prison sentence.

If you want more careful legal analysis that connects court decisions to real-world outcomes, subscribe, share this episode with a friend, and leave a review so more listeners can find us.

 

Legally Speaking with Michael Mulligan is live on CFAX 1070 every Thursday at 12:30 p.m. It’s also available on Apple Podcasts or wherever you get your podcasts.