What Happens in Assault Cases in Canada


If you have been assaulted, whether the fight was unprovoked or not, you can see the other party for any major injuries you have suffered. These injuries can include loss of income, pain and suffering as well as other damages. How? Personal injury lawsuits can be used to seek out punitive damages. These charges are meant to punish the accused when they have done something particularly bad.


In Canada, these punitive damages are awarded on a more conservative basis. They are usually only given in extreme situations. Since the process of suing for assault can be quite tricky, let us give you a quick walkthrough in the world of assault claims. It is important to know these things so you can better protect yourself and get the right compensation you deserve should you find yourself injured from an unprovoked incident.


Assault and What It Is

The legal definition under the Canadian Criminal Code is: the use of force, either indirectly or directly, against another person without their consent. There are various categories of assault that aggressors can be penalized for. These categories include:

  • Assault with weapon

  • Sexual assault

  • Verbal assault

  • Aggravated assault


It can happen in all kinds of situations and whether or not it was criminally aggravated, you are entitled for compensation if you are seriously injured.



In Canada, self-defence is another tricky situation when it comes to filing a personal injury claim and bringing the issue to court. When someone attacks you and you fight back, there is a certain extent to which your actions count as self-defence. For instance, if someone hits you and you hit them back to stop the attack, it is safe to claim self-defence. However, if you continue to hit that person after they have stopped fighting you, then it turns to assault.


When in a bar, it is important that you think twice before getting involved in any fights.


Defending an Assault Claim

Many bar fights, violent incidents and domestic disputes occur because one or both parties are under the influence of alcohol. However, the influence of alcohol does not stand up in court and it will not be considered a reasonable defence. You are eligible for personal injury compensation as long as you get to prove that you did not give consent, applied reasonable force, or that the attack was unprovoked.


Hire the Best Personal Injury Lawyer

It is essential to talk to a personal injury lawyer before making any decisions. Here at Guzzo Law, we make sure that you get the help you need to make sure you are given fair compensation. You may contact us at 1.855.905.9222.