When Civil Claims Intersect with Family Law

Can you combine a civil claim with a claim under the Family Law Act?

In order to understand how a civil claim can intersect with a family law claim, it is first important to understand the difference between the two types of claims.  In Canada, provincial legislation (such as the Family Law Act, SBC 2011, c.25 in British Columbia) and federal legislation (the Divorce Act, RSC 195, c.3), addresses issues such as parenting arrangements, child and spousal support, and property division. A civil claim can encompass a wide breadth of legal issues, often known as a “tort law” claim. Tort law is the area of law that applies to cases where a person alleges personal injury, defamation, negligence, assault, etc. Over the past few years, courts across Canada have recognized instances where a tort law claim can be brought within the context of a family law claim, most often dealing with tort claims for battery or assault which arose in the context of a relationship. 

Common civil law claims in the family law context

Most often, claims for assault and battery are brought within a family law action where a party alleges family violence against the other party, which arose during the relationship. Recently, in Ahluwalia v Ahluawlia, 2026 SCC 16 (“Ahluwalia”), the Supreme Court of Canada, recognized a new tort of intimate partner violence, centering their reasoning on issues arising out of issues of coercive control within intimate relationships. We expect that Ahluwalia will have significant impact in how parties to family law litigation deal with issues of family violence within the family law context and look forward to exploring this seminal decision in a later post. 

Aside from tort claims of assault, battery, or intimate partner violence, we commonly also see parties pleading the tort of intentional infliction of emotional distress (“IIED”). In order to be successful in a claim for IIED, the party making the claim must show that as a result of violence or harm committed against them by their partner, they suffer from a visible and provable illness that is serious and prolonged. 

How to Bring a Civil Claim within a Family Law Claim

Recently, in Tung v Lu, 2026 BCSC 458, the BC Supreme Court offered helpful guidelines on the mechanics of bringing a civil claim within a family law proceeding. In short, they advise:

• a party making civil claims within the family law proceeding must plead material facts in supporting those claims, even though the form of claim outlined in the Supreme Court Family Rules do not specifically call for material facts; and,

• a failure to plead material facts will not result in the civil claim being struck, and if a claim may be “repaired” by pleading material facts, the court will generally give the party an opportunity to do so. 

It is important to note that any tort claims brought in the context of a family law matter must be brought in the BC Supreme Court. 

Navigating the intersection of civil claims and family law in British Columbia can be complex. Issues involving tort claims, financial misconduct, property disputes, or family violence often raise difficult questions about jurisdiction, procedure, evidence, and the appropriate court in which to proceed. What may appear to be a straightforward family law matter can quickly evolve into a multifaceted legal dispute with significant consequences.

Because of these complexities, it is important to obtain legal advice tailored to your specific circumstances. The lawyers at Cote & Evans Trial Lawyers have extensive experience handling complex matters at the intersection of family law and civil litigation, including tort claims, property disputes, financial misconduct allegations, and other overlapping legal issues arising from family relationships.  

If you are dealing with overlapping family and civil law issues, contact our office for a free 30-minute consultation to discuss your options and how best to protect your interests.