If you were the injured victim of an assault in Ontario, you may have the right to pursue a civil claim for compensation. This is separate from any criminal case and can allow you to recover damages for pain and suffering, income loss, and treatment costs.

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Most people think of assault as a criminal matter. While that is true, it is the civil side of the case where meaningful financial recovery can happen.

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We act for individuals who have been physically or psychologically injured as a result of intentional violence. These cases arise in a wide range of situations, including incidents in bars, workplaces, residential buildings, and other public or private settings .

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They are often more complex than typical personal injury claims in Ontario, particularly where responsibility extends beyond the person who committed the assault.

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What is a civil assault claim?

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A civil assault claim is a lawsuit seeking financial compensation for harm caused by intentional conduct.

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In addition to the individual responsible for the assault, a claim may also involve:

• bars, clubs, or event venues

• property owners or occupiers

• employers

• security companies

 

The focus is not on punishment, but on compensation for the injuries and losses that resulted from the incident.

 

Do you need criminal charges to bring a claim?

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No.

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A civil claim can proceed:

• even if no charges were laid

• even if charges were withdrawn

• even if the accused was found not guilty

 

The legal test is different, and the outcome of a criminal case does not determine whether a civil claim can succeed.

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Types of assault cases

 

We assist clients in a range of situations, including:

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• bar or nightclub assaults, including incidents involving security staff

• assaults in apartment buildings or rental properties

• workplace assaults

• interpersonal or domestic violence

• institutional or organizational settings

• sexual assault cases pursued through civil claims

 

Each case depends on its own facts, particularly when it comes to identifying who may share legal responsibility.

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Injuries Following an Assault

 

Assaults can result in a wide range of physical and psychological injuries. In more serious cases, individuals may suffer traumatic brain injuries, fractures, or lasting psychological impairment that affects their ability to work and carry out daily activities.

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Where injuries are severe, a claim may involve long-term treatment, rehabilitation, and ongoing care needs. The nature and severity of the injuries will play a central role in how compensation is assessed.

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Who can be held responsible?

 

In many cases, the person who committed the assault may not have the ability to pay damages. As a result, these claims often focus on whether others failed to prevent a foreseeable risk. This can include:

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• establishments that failed to provide adequate security

• businesses that overserved alcohol

• property owners who failed to address known risks

• organizations responsible for supervision or safety

 

Identifying all responsible parties is one of the most important steps in these cases.

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Pastink v. 1190393 Ontario Ltd.: Why Assault Claims Can Extend Beyond the Assailant

 

Assault injury claims often require careful analysis of who can successfully be sued and collected from. The person who committed the assault is an obvious defendant, but in many cases an individual assailant has limited insurance or assets. When the injury is serious, especially where there is a traumatic brain injury, the lawsuit needs to examine if a bar, nightclub, security company, landlord, event venue, or other occupier contributed to the assault occuring.

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Ontario’s Occupiers’ Liability Act requires occupiers to take reasonable care in the circumstances to see that people entering the premises are reasonably safe. In an assault injury case, that can raise questions about prior incidents, security staffing, surveillance, lighting, intoxication, crowd control, incident reports, training, and whether the risk of violence was reasonably foreseeable.

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In Pastink et al. v. 1190393 Ontario Limited et al., 2023 ONSC 6037, our assault injury lawyers represented a plaintiff who suffered a traumatic brain injury after being assaulted outside a bar. The plaintiff sued the assailant and also advanced a negligent-security claim against the bar.

The bar brought a summary judgment motion asking the Court to dismiss the claim against it before trial. The Court refused to dismiss the claim, allowing the negligent-security claim against the bar to continue. Shortly afterwards, the case resolved on confidential terms.

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This is important because the legal case is not always limited to proving that an assault occurred. In serious assault injury claims, we also asses whether another party had control over the premises, knowledge of a foreseeable risk, access to insurance, and responsibility for security decisions that could have reduced the chance of violence.

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Compensation available after an assault

 

Depending on the circumstances, a civil claim may include compensation for:

• pain and suffering

• loss of income

• future care and treatment costs

• psychological injuries

• housekeeping or care needs

 

Where injuries are serious or long-lasting, the value of a claim can be significant.

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Time limits in Ontario

 

In most cases, you have two years from the date of the incident to start a claim. There are important exceptions, particularly in cases involving sexual assault or where the impact of the incident is not immediately understood. These situations require careful review.

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How these cases differ from other injury claims

 

Assault cases are not handled the same way as car accident, slip and falls, or boating accident cases. They often involve:

• intentional conduct rather than negligence

• multiple potential defendants

• complex insurance issues

• significant psychological injury components

 

Properly structuring the claim early on is critical.

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If you were injured in an assault

 

If you were injured in an assault, it’s not always clear what your legal options are — particularly where criminal proceedings are involved or have already concluded.

 

A civil claim focuses on compensation for the harm you’ve suffered, including both physical and psychological injuries.

 

We regularly speak with individuals who are unsure whether they have a claim, or who assume that nothing can be done because no charges were laid.

 

If you are considering your options, we can help you understand:

• whether a claim may be available

• who may be legally responsible

• what compensation may be pursued

 

Consultations are free and confidential. Consider speaking with an Ontario personal injury lawyer today.