Assault and Battery (Tort of)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-26
CLNP Page ID:	2061
Page Categories:	[Tort Law]
Citation:	Assault and Battery (Tort of), CLNP 2061, <https://rvt.link/2->, retrieved on 2024-11-26
Editor:	Sharvey
Last Updated:	2023/01/23

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Deluca v. Bucciarelli, 2022 ONCA 774 (CanLII)

[16] The motion judge relied on Bruce v. Dyer, 1966 CanLII 191 (ON SC), [1966] 2 O.R. 705 (H.C.) aff’d 1967 CanLII 653 (ON CA), [1970] 1 O.R. 482 (C.A.), for a description of the elements of the tort of assault. The motion judge said, “[t]he [appellant] must prove on a balance of probabilities that she had reasonable grounds to believe that she was in danger of violence from [the respondent], that she feared imminent harmful or offensive contact (emphasis in the original).” The motion judge was not satisfied the appellant had adduced evidence that could meet this standard.

[17] The appellant submitted that, particularly when viewed in the context of an evolving understanding of domestic violence and controlling behaviour, in assessing her evidence, the motion judge took too narrow a view of “imminence” and of the scope of “an assault” as that term appears in s. 16(1)(h.2)(i) of the Act. The appellant pointed to Warman v. Grosvenor (2008), 2008 CanLII 57728 (ON SC), 92 O.R. (3d) 663 (S.C.) and Dunne v. Gauthier, 2000 BCSC 1603, as examples of cases that illustrate that imminence can mean different things in different contexts. The appellant also argued that the motion judge erred in failing to recognize that the term “assault”, as it appears in s. 16(1)(h.2)(i), can and should be interpreted broadly, so as to encompass threatening and harassing behaviour giving rise to fear of harm at some future unspecified point in time.

[18] We do not accept these submissions. Section 16(1)(h.2)(i) of the Act provides that there is no limitation period in respect of “a proceeding based on an assault” where at the time of the assault the parties “had an intimate relationship.” In our view, the appellant’s arguments are foreclosed by this court’s recent decision in Barker v. Barker, 2022 ONCA 567, [2022] O.J. No. 3526 (C.A.), in which this court considered the scope of the tort of assault. At paras. 137-138, this court explained that a tortious assault “involves intentionally causing another to fear imminent contact of a harmful or offensive nature (citations omitted, emphasis added).” At para. 171 of Barker, this court confirmed that “imminence is a critical component of the tort of assault.”