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Alberta Law: Assault and Battery

Most people know of assault in a Criminal Code context, which is applying force intentionally to someone, among other definitions. Most people do not know the civil version of this.

The tort of assault is, confusingly, a threat of imminent physical harm. The Plaintiff in a lawsuit for assault has to establish a reasonable fear of imminent harm. See: (Allen Linden and Bruce Feldthusen, Canadian Tort Law, 9th ed (Toronto: LexisNexisButterworths, 2011.) While threatening someone also carries criminal liability (uttering threats is the charge), few people are aware that they can sue for the tort of assault.

The tort of battery is what most people would think the tort of assault is. Battery protects people from actual harm. It can be intentional or negligent (se Canadian Tort law). The damages for assault and battery depend on the actual injuries that can be proven.

If you require a lawyer due to an assault or battery, please feel free to contact us.

The information contained in this article is not legal advice. No solicitor client relationship is formed through this article. The reader is encouraged to retain counsel for advice in these matters.

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