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Tortious Assault:
The Threat or Fear of Imminent Harmful Contact
Last Updated: August 22 2026
Question: How do I tell tortious assault apart from tortious battery in Ontario?
Answer: You can get clear help from Legacy Legal Services in Ontario by understanding that tortious assault is the intentional creation of a reasonable fear or apprehension of imminent harmful or offensive contact, even if no physical contact ever happens, while tortious battery requires actual violence or undesired physical contact; if conduct crosses from threat-based fear into unwanted touching or impact, it’s typically battery rather than assault; for a fast review of your facts and potential next steps, contact Legacy Legal Services at (226) 246-3825.
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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.
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
In a claim for tortious assault, a Plaintiff may claim actual damages for losses such as first aid expenses, medical costs, pharmaceuticals, among other out-of-pocket expenses, as well as lost income if time away from work occurred. Additionally, a Plaintiff may claim general damages for pain, suffering, humiliation, anxiety including lingering fear, lifestyle impairment, among other issues. In some circumstances, punitive damages may also be awarded. As was also explained in Barker above, an award of damages, including punitive damages, for the tort of assault may arise even where the victim of an assault suffers little, if any, injury whereas the civil law courts generally view that a damages award serves the societal purpose of denouncing aggressive abusive behaviour that may lead to violence.
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 large volume of inquiries around “lawyers near me” or “best lawyer in” typically indicates an urgent need for effective legal assistance rather than a search for a particular designation. In Ontario, “licensed paralegals” are governed by the same Law Society that regulates lawyers and are permitted to represent clients in specified litigation issues. Core to their role are advocacy, legal assessment, and procedural expertise. Legacy Legal Services provides legal representation within its licensed framework, focusing on strategic positioning, evidence preparation, and compelling advocacy aimed at securing efficient and favourable outcomes for clients.
