A crime is a public wrong. The conduct is treated as an offence against society, and the state prosecutes and punishes it.
The same act can be both. A punch in a bar is the tort of battery and the crime of assault at the same time – two separate proceedings, in two different courts, with two different standards of proof.
The differences at a glance
| Tort | Crime | |
|---|---|---|
| Wrong against | A private individual | Society as a whole |
| Who starts the case | The injured person (plaintiff) | The state (the Crown, in Canada) |
| Standard of proof | Balance of probabilities – more likely than not | Beyond a reasonable doubt |
| Purpose | Compensate the victim | Punish, deter, denounce, rehabilitate |
| Outcome | Damages, or an injunction | Fine, probation, imprisonment, a criminal record |
| Who receives the remedy | The plaintiff | The state |
| Can it be settled privately? | Yes | No – only the Crown can withdraw a charge |
| Parties named | Smith v. Jones | R. v. Jones |
The distinction that matters most: the standard of proof
In a tort claim the plaintiff must show their version is more likely than not – anything past 50%.
In a criminal prosecution the Crown must prove guilt beyond a reasonable doubt, a deliberately demanding standard because a conviction can take away someone’s liberty.
This is why the same facts can produce opposite results. A defendant acquitted of a criminal charge can still be found liable in a civil suit arising from the same incident, because the second case is decided on a much lower threshold. An acquittal means the Crown did not prove its case, not that the event did not happen.
Examples
| Conduct | As a tort | As a crime |
|---|---|---|
| Hitting someone | Battery – damages for injury | Assault – fine, probation, or jail |
| Taking property | Conversion – return or value of the goods | Theft |
| Damaging property | Trespass to chattels | Mischief |
| Careless driving causing injury | Negligence – compensation | Dangerous driving |
| Publishing a false statement | Defamation | Defamatory libel (rare) |
| Entering land without permission | Trespass | Not usually a crime on its own |
| Failing to deliver on a contract | Breach of contract | Not a crime unless fraudulent |
Note the last two rows. Most torts are not crimes. Trespass and broken contracts are dealt with entirely in civil court.
Where they overlap
Some conduct is both, and the two proceedings run independently:
- Assault – the Crown prosecutes; the victim can sue separately for damages
- Fraud – a criminal charge and a civil action to recover the money
- Impaired driving causing bodily harm – a prosecution, and a negligence claim by the injured person
A criminal conviction can be used as evidence in the later civil case, which is one reason defending the criminal charge properly matters even when the financial exposure is on the civil side.
Why the same act is treated two ways
Tort law asks: who should bear this loss? It moves money from the wrongdoer to the person harmed.
Criminal law asks: should the state punish this? Society, not the victim, is treated as the injured party, which is why a complainant cannot simply drop a charge. Once the Crown has it, the decision belongs to the Crown.
Frequently asked questions
Can something be both a tort and a crime? Yes, and it often is. A punch is the tort of battery and the crime of assault at once – two proceedings, two courts, two standards of proof, running independently of each other.
Is a tort a type of crime? No. A tort is a private wrong compensated with damages. A crime is a public wrong punished by the state. Most torts, such as trespass or negligence, are not crimes at all.
What are five examples of tort law? Negligence, battery, defamation, trespass to land, and nuisance. Others include false imprisonment, conversion, and inducing breach of contract.
What are the four main categories of torts? Intentional torts (battery, trespass, false imprisonment), negligence, strict liability torts, and economic or dignitary torts such as defamation and inducing breach of contract.
What are the elements of a negligence claim? Four: a duty of care owed to the plaintiff, a breach of the standard of care, damage suffered, and causation linking the breach to the damage. All four must be proved on the balance of probabilities.
How is a tort different from a crime in practice? The plaintiff controls a tort claim and can settle or discontinue it. A complainant cannot drop a criminal charge – only the Crown can withdraw it, because the offence is treated as a wrong against society rather than against the individual.
What is a real-life example of a tort that is not a crime? A surgeon leaving a sponge inside a patient. That is negligence, compensable in damages, and almost never a criminal matter.
Why can someone be acquitted of a crime but lose the civil case? Because the two courts are answering different questions to different thresholds. This is why a civil claim is sometimes filed only after a prosecution ends – the plaintiff already knows the evidence, and needs to prove far less of it.
Charged with an offence in Toronto?
If the same incident has produced both a criminal charge and a civil claim, what you say in one can be used in the other. Get advice before making a statement in either.
Jeffrey I. Reisman has practised criminal law in Toronto since 2001, including three years as a prosecutor.
Call 647-351-4357 · Free consultation · Available 24/7
General information about Canadian law as of August 2026. Not legal advice.