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A New Legal Avenue For IPV Survivors

The Supreme Court of Canada recognized a new tort of intimate partner violence (IPV), focused on coercive and controlling conduct rather than isolated incidents. The Court emphasizes that IPV is not limited to discrete incidents of physical harm; it may include patterns such as isolation, humiliation, surveillance, financial control, sexual coercion, and intimidation - conduct that can cumulatively coerce and control a partner.

This creates a new civil pathway for damages alongside family law remedies. For family lawyers, this opens new ground - and requires the right clinical support to navigate it.

The Ruling - What this means for your clients

Canada's top court held that intimate partner violence goes far beyond physical acts. The new tort recognizes the full pattern of coercive and controlling behaviour - giving survivors a dedicated legal pathway to seek damages.

What the Tort Covers

Physical and psychological abuse, coercion, isolation, surveillance, manipulation, economic abuse, sexual coercion, and intimidation - any behaviour used to control an intimate partner.

Why It's Different

Unlike assault or battery claims, this tort addresses the cumulative, sustained nature of IPV. It recognizes how coercive control creates a generalized fear of future harm within an intimate partnership, which is a specific violation of one’s right to dignity, autonomy and equality that cannot be remedied by the existing law.

Who It Applies To

Survivors of intimate partner violence navigating the legal system – through family and/or civil law matters where coercive control was a feature of the relationship.

How We Help

We know that for survivors of intimate partner violence, being assessed can feel daunting. At MindSense, the process is built around safety, dignity, and choice - from the first phone call to the final report.

Expert Matching - We match each survivor with the right expert based on the nature of the abuse endured, language preferences, cultural background, and any accommodation needs.

Before the Appointment - We clearly explain what to expect, answer questions, and make sure both the lawyer and the survivor feel prepared and informed.

The Assessment - Survivors are in control. They can choose where to sit, take breaks when needed, and set limits on what they're comfortable with. Our assessors use trauma-informed language and adjust their pace throughout.

The Report - Evidence-based, clear, and written in language that holds up in legal proceedings - while never losing sight of the person behind the case.

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Why MindSense - Not Just Any IME Provider

Traditional IMEs

Focused solely on clinical objectivity and diagnosis

Often misinterpret trauma signs leading to false conclusions 

 Rigid, one-size-fits-all 

Can feel transactional or adversarial

Risk of re-traumatization

 

MindSense IMEs

  • Combine diagnostic accuracy with emotional safety
  • Properly interpret trauma responses leading to clinically accurate and trauma-informed conclusions
  • Flexible and responsive to individual needs and histories
  • Collaborative and accommodating
  • Designed to minimize harm at every step

What this means for your client

A better assessment experience isn't just the right thing - it leads to better evidence. When survivors feel safe, and properly understood, they engage more fully. When they engage more fully, their story is told more accurately.

Talk to our team

If you're handling an IPV matter and want to understand how an IME can support your case, we'd love to hear from you.

Locations

MindSense Canada offers appointments nationwide, both online and at our clinic locations:

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Acknowledgement

We acknowledge that we are operating on the traditional, ancestral, and unceded territory of Indigenous Peoples across Canada. We are grateful to live and work on these lands, and we recognize the enduring presence of First Nations, Inuit, and Métis Peoples.

 

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