Civil Assault Claims

Civil assault in Ontario is notably distinct from criminal assault, and deals with the intentional tort of causing apprehension of imminent harmful or offensive contact.

To establish civil assault, the plaintiff must prove the defendant’s intentional act caused a reasonable apprehension of imminent harmful or offensive contact. This means the victim must have reasonably believed they were about to be touched in a harmful or offensive way. Actual physical contact isn’t required; the threat itself is sufficient. For example, raising a fist in a threatening manner could constitute civil assault, even if no punch lands.

If a civil assault is proven, the victim may be entitled to damages to compensate for their emotional distress, any physical harm suffered, and potentially punitive damages if the defendant’s conduct was particularly egregious. The specific amount awarded depends on the severity of the assault and the resulting harm.

If you’d like to understand your claims as the victim of a civil assault, then contact our skilled legal team at the Cahill Firm to receive individualized legal advice.