Personal Injury News

Suing for Assault does not Require Touching

Suing for civil assault in BC is different than claiming battery or negligence. As Judge Fleming states in the recent case of Akintoye v. White, 2017 BCSC 1094:

[94]   Despite its name, the tort of assault involves the intentional creation of the apprehension of immediate harmful or offensive conduct but no actual touching. A battery occurs whenever unlawful force is intentionally inflicted on another person that is either physically harmful or offensive to his reasonable sense of dignity (Norberg v. Wynrib, [1992] 2 S.C.R. 226 at 246, 263). False imprisonment is the intentional and total confinement of a person against his will without justification. If a police officer acts with legal authority, his or her imprisonment of a person will be justified. An imprisonment will not be justified when it follows an unlawful detention or arrest (Ward v. City of Vancouver, 2007 BCSC 3 at paras. 48–49, aff’d 2009 BCCA 23, rev’d on other grounds, 2010 SCC 27). Justification is a defence to both assault and battery.

Posted by Personal Injury Lawyer Mr. Renn A. Holness

Tags: Assault and battery

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"Renn A. Holness is a gifted lawyer and author to over 1000 legal blog articles. Married father of two daughters, son of a neurosurgeon and founder of Holness Law Group."

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