Keystone Legal acts for people in Alberta who have been abused by a current or former partner, whether the abuse was physical, emotional, sexual or financial. These matters rarely involve a single proceeding, because a client may need a protection order and a parenting or property resolution at the same time as a civil claim for damages, and the steps in each have to be planned together.
A New Civil Claim For Coercive Control
In May 2026, the Supreme Court of Canada recognized a new tort of intimate partner violence (Ahluwalia v Ahluwalia, 2026 SCC 16). A person can now sue a current or former partner for damages for a pattern of coercive and controlling conduct, rather than having to break that conduct into separate claims for assault, battery or intentional infliction of mental suffering. Isolation, humiliation, surveillance, financial control, sexual coercion and intimidation can all form part of the claim.
The claimant must show that the abusive conduct arose within an intimate relationship or its aftermath, that the other person engaged in it intentionally, and that the conduct, viewed objectively and as a whole, amounted to coercive control. Once those elements are proven, the claimant does not have to prove a separate injury, because the harm follows from the coercive control itself.
How The Claim Proceeds In Alberta
The Court of King’s Bench has directed, in its Notice to the Profession and Public NPP 2026-03, that a claim for damages for intimate partner violence is a civil claim started by statement of claim, separate from any Divorce Act or Family Law Act action. Family violence and coercive control can still be raised in the family proceeding where they are relevant, and parties with both actions under way are expected to tell the Court so. Whether the two are heard together is decided case by case. Limitation periods apply to these claims, and the rules for claims arising from abuse can differ from the general rules, so advice on timing should be obtained early.
Protection Orders
Under Alberta’s Protection Against Family Violence Act, a justice of the Alberta Court of Justice or a justice of the peace can grant an emergency protection order, often without notice to the other person. The order can restrict contact and communication, require the other person to stay away from the home, workplace or school, and give the claimant temporary exclusive occupation of the home. Every emergency protection order must be reviewed by a justice of the Court of King’s Bench within nine working days. King’s Bench protection orders, which can include broader terms and last longer, and restraining orders are also available.
Keystone Legal prepares and presents these applications, appears at review hearings, and advises on how an order affects parenting arrangements and any other proceeding between the parties.
Family Violence In Family Law Proceedings
The Divorce Act and Alberta’s Family Law Act require the court to consider family violence when deciding parenting arrangements. The firm helps clients put that evidence before the court carefully and fairly, and seeks parenting, contact and exchange arrangements that keep the client and the children safe. Family violence can also bear on urgent applications for exclusive possession of the home and for interim support.
How Keystone Legal Can Help
- Emergency and King’s Bench protection orders, and restraining orders
- Urgent parenting and exclusive possession applications
- Civil claims for damages for intimate partner violence and related wrongs
- Gathering and organizing evidence, such as messages, records and financial documents
- Planning communication, exchanges and court attendance with safety in mind
For harassment by someone who is not a current or former partner, see the Harassment Claims page. Claims for assault, battery and confinement are set out on their own page.
Frequently Asked Questions
No. The civil claim and any criminal proceeding are separate, and a decision by police not to charge does not prevent a claim.
Limitation periods apply, and the rules for claims arising from abuse can differ from the general two-year period, so timing advice should be obtained early rather than assumed.
No. The Court of King’s Bench has directed that the claim proceeds as a separate civil action, though family violence can still be raised in the family proceeding where it is relevant.
Damages for the coercive control itself, without having to prove a separate injury, together with any other remedy the facts support.
If you have experienced abuse by a current or former partner and want to know what your options are, call (587) 328-3328.
Protection orders and civil claims are brought where the file proceeds through the Calgary Courts Centre. Advice is available anywhere in Alberta. The practice is virtual, so meetings happen by video, telephone and email, with in-person meetings available on request in Cochrane or in Calgary.
Our Services
- Intimate Partner Violence Tort Claims
- Coercive Control Claims
- Post-Separation Harassment
- Civil Damages for Family Violence
- Claim Assessment & Evidence Strategy
- Limitation & Filing Strategy
- Concurrent Family & Civil Claim Coordination
- Damages & Restitution Advisory
Working With Keystone Legal
Meetings are held by secure video as a matter of course, which lets clients speak with the firm from a safe and private place, and in-person meetings are available on request in Cochrane or Calgary. Court appearances take place at the Calgary Courts Centre, and every matter is handled in confidence. Services are available in English and French, with support also available in Tagalog, Hindi and Punjabi.
