Assault Injury Lawyer in Toronto & the GTA

If you were injured in an assault in Ontario, you may have a civil claim for compensation, separate from any criminal case. You can sue the person who harmed you, and in some situations a business or institution whose negligence allowed the violence to happen, such as inadequate security on their premises.

Being injured through someone else's violence is traumatic, and the criminal justice system focuses on punishing the offender rather than compensating you. A civil claim is a separate path that seeks compensation for your injuries and losses. It can proceed whether or not there were criminal charges, and regardless of the outcome of any criminal case.

A civil claim is different from criminal charges

In short: criminal charges are brought by the Crown to hold an offender accountable to the state. A civil claim is yours, and it seeks money compensation for your injuries. The two are separate, use different standards of proof, and can proceed independently.

Because the civil standard of proof is lower than the criminal standard, a civil claim can sometimes succeed even where a criminal charge did not result in a conviction. The focus is on your harm and who is responsible for it.

Who may be responsible

The most direct claim is against the person who assaulted you. In some situations there is also a claim against a business or institution whose negligence created the conditions for the violence — for example a venue with inadequate security, poor lighting, or a failure to respond to a known risk. This is sometimes the more meaningful claim, because a business is more likely to carry insurance. Identifying every responsible party is an important early step.

Deadlines

The general limitation period to start a civil claim in Ontario is two years from when you discovered the claim, under the Limitations Act, 2002. Importantly, certain claims based on sexual assault are not subject to a limitation period in Ontario, reflecting how long survivors may take to come forward. Because the rules differ by situation, it is worth confirming what applies to you.

How AK Lawyers handles assault claims

AK Lawyers (Antonov Kaganovich LLP) is a Toronto personal injury firm that represents injured people with care and discretion. With assault claims, our focus is on:

• Handling your case sensitively, recognizing that these matters are often traumatic.
• Identifying every responsible party, including any business or institution whose negligence contributed.
• Building the evidence of what happened and the harm you suffered.
• Confirming the deadline that applies, which differs for certain claims.
• Contingency fees — you don't pay legal fees unless your claim succeeds. The fee is a percentage set out in a written contingency-fee agreement at the start, which also covers disbursements.

What to do after an assault

These situations are difficult, and there is no single right order, but a few steps help protect both your wellbeing and a possible civil claim:

• Get to safety and seek medical care. Prompt treatment protects your health and documents your injuries.
• Preserve evidence where you can, including photographs of injuries and the location, and keep relevant clothing or items.
• Note details and witnesses, including what happened, where, and who saw it.
• Keep records of any reports made and of expenses or income loss as they arise.
• Look after yourself. Support from a doctor or counsellor is important in its own right, and treatment records can also document the impact of what happened.

Assault and battery as intentional torts

In civil law, assault and battery are intentional torts. Battery refers to intentional physical contact without consent, while assault can include conduct that makes someone reasonably fear imminent harmful contact, even without actual contact. The civil claim protects a person's right to control their own body and to be free from unwanted force. Because these are intentional acts, the analysis is different from a negligence claim, and proving what happened and who was responsible is central.

What compensation may be available

A civil claim can seek both pecuniary damages (losses with a dollar figure, such as lost income, treatment costs, and other expenses) and non-pecuniary damages (for pain, suffering, and the psychological impact of the assault). In cases involving especially serious or malicious conduct, aggravated or punitive damages can sometimes apply. The value of any claim depends on the facts, the severity and lasting effect of the harm, and who can be held responsible.

Why insurance and the responsible business often matter

One practical reality shapes many assault claims: insurance policies often exclude coverage for a person's intentional acts. That can make it difficult to recover meaningfully from the individual attacker, who may also have limited means. This is a key reason a claim against a negligent business or institution can be so important. Where a venue, landlord, or other occupier failed to take reasonable steps to keep people safe, that party may share responsibility, and is more likely to carry insurance that responds to the claim.

Serving Toronto & the Greater Toronto Area

Based in Toronto, AK Lawyers represents people injured by violence across Toronto and the GTA, including Mississauga, Brampton, Vaughan, North York, Scarborough, Barrie, Richmond Hill, Aurora, and King City. Civil claims of this kind are generally brought in the Ontario Superior Court of Justice.

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