Last Updated: August 24 2026
How are the torts of assault and battery different in Ontario and when can I claim damages?
In Ontario civil law, tortious assault is the intentional creation of a reasonable apprehension of imminent harmful or offensive contact, even if no physical contact happens, while tortious battery requires actual undesired physical contact or violence; in practice, if the facts show fear of imminent harm the claim is assault, and if contact occurs it can become battery. You may be able to seek actual losses (like medical or first aid costs and lost income), general damages (like pain, humiliation, anxiety or ongoing fear), and in some cases punitive damages, so the key is documenting what was said or done, the timing, and why it made you fear imminent harm. Caruso Legal Services can help you assess your evidence, clarify whether the conduct fits assault or battery, and guide next steps to protect your rights in Ontario, call (289) 271-0488 for a paralegal-led consultation.
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Distinguishing the Tort of Assault from the Tort of Battery
Tortious assault is commonly confused with tortious battery. The confusion appears to arise from similar misperception for assault in the criminal law context. Tortious assault, like criminal assault, requires only a threat or fear of imminent harm by violence or undesired physical contact. It is tortious battery that involves actual violence or undesired physical contact.
Note: Please contact Caruso Legal Services by phone at: (289) 271-0488 to discuss any specific questions that you may have.
The Law
Tortious assault was well explained within the case of Barker v. Barker, 2020 ONSC 3746, where it was said:
[1194] Turning to the tort of assault, the courts across Canada have embraced a common definition, as expounded upon by the Saskatchewan Court of Appeal in McLean v McLean, 2019 SKCA 15, at paras 59-60:
Allen Linden and Bruce Feldthusen, in Canadian Tort Law, 10th ed (Toronto: LexisNexis, 2015) at 49, provide a definition of civil assault:
§2.42 Assault is the intentional creation of the apprehension of imminent harmful or offensive contact. The tort of assault furnishes protection for the interest in freedom from fear of being physically interfered with. Damages are recoverable by someone who is made apprehensive of immediate physical contact, even though that contact never actually occurs.
[1195] To establish a claim for assault, the evidence must demonstrate that a Plaintiff had reasonable grounds to believe that they were in danger of violence from the tortfeasor: Bruce v Dyer, 1966 CanLII 191 (ON SC), [1966] 2 OR 705, at paras 10-12 (SC), aff’d 1967 CanLII 653 (ON CA), [1970] 1 OR 482 (CA). As with battery, assault is a trespass to the person and is actionable without proof of quantifiable damages: see McLean, at para 63. In fact, even without a completed battery, if assault is established on the evidence it can potentially ground punitive damages as a means of signaling the need for public “condemnation and outrage”: Herman v Graves, 1998 ABQB 471, at para 52.
Interestingly, and unlike the tort of battery, as explained in Barker, the tort of assault arises without physical contact being made and requires only that a reasonable fear and apprehension of harmful physical contact exists; and accordingly, assault arises upon the fear of infliction of injury rather than an actual infliction of injury.
Claimable Damages
When raising a tort of assault claim, the Plaintiff may claim actual damages for expenses incurred for first aid, medical services, pharmaceutical costs, among other out-of-pocket expenses, if any, as well as claiming loss of income for time away from work, if any. Additionally, a Plaintiff may claim general damages for experiencing the emotions of anxiety, fear, humiliation, insult, lifestyle changes, among other issues. In some circumstances, claiming punitive damages may also be warranted. As explained within the Barker case, damage awards, including awards for punitive damages, may arise even if the victim suffered little, if any, whereas, generally, civil law courts view damages awards as serving the purpose of denouncing aggressive behaviour that may actually lead to violent conduct.
Furthermore, in some cases certain family members may bring claims when adverse affects arise, even if only temporary affects such as lifestyle changes or inconvenience, as an indirect consequence of the harm that is suffered directly by the assault victim.
Conclusion
Assault involves conduct that raises a fear of imminent harm by physical conduct within another person. If actual physical conduct occurs, then the assault escalates into battery.
NOTE: A great many online searches such as “lawyers close to me” or “top lawyer in” often highlight an urgency for prompt and competent legal assistance instead of a particular job title. In Ontario, paralegals who are licensed fall under the regulation of the same Law Society that governs lawyers, granting them the authority to represent clients in certain types of litigation matters. Key aspects of this role include advocacy, legal analysis, and procedural expertise. Caruso Legal Services provides legal representation within its licensed authority, focusing on strategic planning, evidentiary organization, and compelling advocacy, all aimed at securing efficient and favourable outcomes for clients.
