Recent media coverage surrounding allegations against a high-profile collegiate hockey player in the United States has sparked widespread discussion about criminal responsibility and professional consequences. While the criminal process often receives the most attention, these situations also raise important questions about civil liability for assault-related injuries in Ontario, including how similar incidents would be treated under Ontario civil law.
It is important to note that criminal charges are allegations only, and the presumption of innocence applies. However, from a civil law perspective, cases involving serious physical injuries can offer insight into how personal injury claims for assault and battery are analyzed in Ontario.
Assault and Battery as Torts in Ontario
In Ontario, assault and battery are recognized as intentional torts under the Ontario civil law. Unlike negligence claims, which focus on whether a defendant failed to meet a standard of care, intentional tort claims center on deliberate conduct.
- Battery occurs where a person intentionally applies force to another without consent; and
- Assault involves conduct that creates a reasonable apprehension of imminent harmful or offensive contact.
Where physical injuries result – such as fractures, dental injuries, or the need for surgical intervention, a civil lawsuit for assault and battery may arise regardless of whether criminal charges proceed or result in a conviction.
Criminal Proceedings vs. Civil Claims
A key point often misunderstood is that criminal and civil proceedings are entirely separate legal processes.
In Ontario:
- Criminal charges are prosecuted by the Crown and require proof beyond a reasonable doubt; and
- Civil claims are brought by the injured person and must be proven on a balance of probabilities.
This means that even if criminal charges are withdrawn or result in an acquittal, a civil lawsuit may still succeed; and conversely, a criminal conviction does not automatically determine the outcome of a civil claim. The lower burden of proof in civil court is particularly significant in assault cases involving eyewitness evidence, medical records, and video footage.
Potential Civil Damages in an Assault and Battery Case
Where an individuals intentional actions result in serious injury to another, Ontario courts may award civil damages in an assault or battery claim for a range of losses, including:
- Pain and suffering
- Medical and dental expenses not covered by OHIP (Ontario Health Insurance Plan)
- Future care costs, including rehabilitation or reconstructive treatment
- Lost income or loss of earning capacity
- Psychological injuries, such as anxiety, depression, or post-traumatic stress
- Out-of-pocket expenses related to recovery
In cases involving intentional conduct, courts may also consider aggravated or punitive damages, particularly where the behaviour is found to be malicious, high-handed, or a marked departure from acceptable conduct under Ontario law.
No “Accident” Defence for Intentional Acts in Ontario Assault Claims
Unlike motor vehicle or slip-and-fall cases, intentional torts do not allow a defendant to argue that the injury was a mere accident. Where intentional force is proven, civil liability for assault or battery can be clear and difficult to rebut.
That said, defendants in Ontario civil claims may still raise civil defences such as self-defence, provocation, or contributory negligence, depending on the circumstances. Ontario courts assess these arguments carefully and proportionally based on the specific facts of each case.
Limitation Periods Matter for Assault Claims in Ontario
In Ontario, most civil claims for assault and battery are subject to the two-year limitation period under the Limitations Act, 2002. While some exceptions may apply, failing to commence a claim within the prescribed time can permanently bar recovery under Ontario law.
This makes early legal advice critical for Ontario residents – even while criminal proceedings are ongoing.
Final Thoughts on Civil Liability for Assault in Ontario
High-profile assault allegations often dominate the headlines, but they also serve as an important reminder that serious physical injuries can give rise to civil liability in Ontario, independent of the criminal justice system.
Ontario’s civil law framework exists to compensate injured individuals for the physical, emotional, and financial consequences of unintentional and intentional harm alike. Understanding these rights is essential – whether the incident involves a public figure or occurs in everyday life.
If you or a loved one has suffered injuries as a result of an assault or battery, it is important to understand your civil rights under Ontario law. A personal injury lawyer in Ontario can help assess potential claims, preserve evidence, and navigate limitation periods. Contact Bergeron Clifford LLP today to discuss your case.
