Last Updated: August 22 2026
Is tort assault in Ontario the same as tort battery?
In Ontario, VP Legal Services & Notary explains the key difference: tort assault is the intentional creation of a reasonable fear or apprehension of imminent harmful or offensive physical contact, so actual physical contact is not required, whereas tort battery requires some actual physical contact; you may also seek damages for out-of-pocket losses, pain and suffering, and in some cases punitive damages even where there is little or no physical injury, and if contact actually occurs the claim may shift from assault to battery; if you are dealing with a threat or unwanted contact and need help assessing your options, contact VP Legal Services & Notary at (437) 286-1499 for paralegal and notary support across Ontario.
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Distinguishing the Tort of Assault from the Tort of Battery
The tort of assault is often misunderstood with the tort of battery. Perhaps the confusion arises from similar misperceptions about assault within the criminal law. With the tort of assault, only a threat or fear of imminent harm by physical contact is required; however, it is the tort of battery that involves some actual physical contact.
Note: Please contact VP Legal Services & Notary by phone at: (437) 286-1499 to discuss any specific questions that you may have.
The Law
The tort of assault was explained well in the case of Barker v. Barker, 2020 ONSC 3746, wherein it was stated:
[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 considerable volume of inquiries featuring “lawyers near me” or “best lawyer in” typically indicates a requirement for prompt and proficient legal assistance rather than a specific type of legal professional. In Ontario, licensed paralegals are governed by the same Law Society that regulates lawyers and are permitted to represent clients in specific litigation matters. Advocacy, legal analysis, and procedural expertise are fundamental to this position. VP Legal Services & Notary provides legal representation within its licensed parameters, focusing on strategic positioning, evidentiary preparation, and compelling advocacy with the goal of securing efficient and advantageous resolutions for clients.
