Protection Orders
Suing an Ex for Family Violence in BC and How It Works
By SiLaw Group Family LawyersPublished Nov 13, 2026 · 6 min read
If you are in immediate danger, call 911 now. The rest of this post can wait until you are safe.
In British Columbia, a person harmed by family violence can bring a civil claim for damages against the person responsible. In the Supreme Court of British Columbia, a related claim can be brought inside a family law case, and the time limit depends on the kind of claim.
SiLaw Group Family Lawyers wrote this post as the practical companion to our post on what Ahluwalia v. Ahluwalia means for families in British Columbia and our overview of family violence and civil claims. It covers where a claim is heard, the deadlines in the Limitation Act, evidence, and the questions to bring to a lawyer. It does not predict results or amounts, because every claim turns on its own facts and evidence.
Where Does the Ahluwalia Decision Fit?
As our Ahluwalia post explains, the Supreme Court of Canada's May 15, 2026 decision in Ahluwalia v. Ahluwalia, 2026 SCC 16, recognized a new common law tort of intimate partner violence as a civil cause of action targeting coercive and controlling conduct within intimate relationships. That post sets out the three elements a plaintiff must establish: that the abusive conduct arose within an intimate partner relationship or its aftermath, that the defendant intentionally engaged in that conduct, and that the conduct, assessed objectively, amounted to coercive control. It also notes that existing torts remain available for particular incidents.
For what the decision means, read that post. The rest of this one is about the mechanics in BC.
Does a Protection Order Affect Your Right to Sue?
No. Section 190 of the Family Law Act says that making a protection order does not affect any existing right of action of a person who has been the subject of family violence. The two do different jobs. A protection order manages risk going forward, and a damages claim asks a court to compensate for harm already done. Our protection order page covers the safety side.
Which Court Hears a Damages Claim Alongside Family Claims?
Under section 9(1) of the Supreme Court Act, the Supreme Court of British Columbia has jurisdiction in all cases, civil and criminal, arising in British Columbia. Within a family case in that court, Rule 3-1(5) of the Supreme Court Family Rules allows a claim that, on its own, would not be the subject matter of a family law case to be brought in a family law case, if family relief such as an order under the Family Law Act or the Divorce Act is being sought and the claim is related to or connected with that relief.
Under Rule 21-3(6) of the Supreme Court Family Rules, if joining several claims may unduly complicate or delay the trial or hearing, or is otherwise inconvenient, the court may order separate trials or hearings. So a damages claim can travel with the family claims, or it can be brought as a separate action. Which route makes sense depends on the facts, the timing and the risk of delay, and it is a strategic decision to make with a lawyer.
The Provincial Court is different. Section 193(1) of the Family Law Act gives that court jurisdiction in matters under the Act, and a damages claim for family violence is a common law claim rather than a matter under the Act. If your family case is in the Provincial Court, ask a lawyer where a damages claim would need to be brought.
How Long Do You Have to Start a Claim?
The general rule is in section 6(1) of the Limitation Act: a court proceeding in respect of a claim must not be commenced more than 2 years after the day on which the claim is discovered. The Act defines when a claim is discovered, and applying that definition to your facts is a question for a lawyer.
Some claims sit outside the Act altogether. Section 3(1) of the Limitation Act says the Act does not apply to:
- a claim relating to misconduct of a sexual nature, including sexual assault, if the misconduct occurred while the claimant was a minor (section 3(1)(i))
- a claim relating to sexual assault (section 3(1)(j))
- a claim relating to assault or battery, if it occurred while the claimant was a minor, or was living in an intimate and personal relationship with, or was in a relationship of financial, emotional, physical or other dependency with, a person who performed, contributed to, consented to or acquiesced in the assault or battery (section 3(1)(k))
Each of those paragraphs applies whether or not the claimant's right to bring the court proceeding was at any time governed by a limitation period. Our Ahluwalia post notes that how the assault and battery exclusion applies to the new tort remains unresolved. For conduct from years ago, seek early advice rather than assuming the door is closed, or that it is open.
Your family law claims have deadlines of their own under section 198 of the Family Law Act, which our page on property claim time limits explains, so keep both sets of deadlines in view.
What Evidence Matters in a Civil Claim?
Our Ahluwalia post observes that a tort built around a pattern rewards contemporaneous records, such as messages, banking history, journals, medical notes and third-party observations, assembled to show a course of conduct over time. As general suggestions, and only where it is safe to do so:
- keep a dated log of incidents, written as close to the time as you can
- keep messages, emails and voicemails rather than deleting them, with a copy somewhere the other person cannot reach
- note police file numbers and the names of anyone who saw what happened or was told about it soon afterward
- keep medical and counselling records, and tell your doctor or counsellor what is happening
- where money was used to control you, keep bank and credit records that show it
The same evidence often matters in the family case, which is one reason to plan the two together. If you are the person served with a claim like this, take it seriously and get advice before you respond.
What Should You Ask a Lawyer Before Suing an Ex?
Our Ahluwalia post cautions that adding a damages claim to a separation can lengthen and sharpen a file, affect settlement dynamics, and carry costs exposure. With that in mind, these questions are worth bringing to a first meeting:
- Which claims fit my facts: the tort recognized in Ahluwalia, an existing tort such as assault or battery, or something else?
- Should the claim go inside my family case under Rule 3-1(5) of the Supreme Court Family Rules, or in a separate action?
- Which limitation rules apply to each part of my claim, and is any deadline close?
- How would a damages claim change the timeline, the costs and the chances of settling my family case?
- What evidence do I have, what is missing, and how do I preserve it safely?
- How does any criminal case against the other person affect the timing of a civil claim?
- Is there a safety plan in place for when the other person is served?
That last question matters. The BC government's safety page lists the start of legal action and the service of court papers among the times when danger may increase. VictimLinkBC can help with safety planning by call or text at 1-800-563-0808, at any hour, and our family violence services and coercive control page explain the rest of the family law picture.
Talk to a Family Lawyer Before You Decide
If you are thinking about a damages claim against a former partner, or you have been served with one, we can talk through how it would fit with your family case. The first 30 minutes with SiLaw Group are free, by phone, video, or in person in South Surrey. Call (778) 381-9977 or Book Now for a Free Consultation.
This post is legal information, not legal advice. Rules and fees are current to the date of writing and can change.
About SiLaw Group
SiLaw Group Family Lawyers is a Surrey, BC firm practising family law and mediation. Founder Sandy Sihota is an accredited Family Law Mediator, Arbitrator and Parenting Coordinator (Law Society of BC). Articles are legal information, not legal advice.