In a previous blog post on assault injuries, a father who directed that his sons attack and assault a 14 year-old classmate with batons was found liable for his indirect role in orchestrating the assault. In Siegerist v. Tilton 2020 BCSC 1235, the trial judge awarded the injured claimant damages for the assault injuries. As…
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. The main difference between assault and battery is that…
*Written by Vic Maan, associate lawyer at Holness and Small Law Group It is a common misconception that if you have suffered an injury as a result of an assault, your only recourse is through the criminal justice system. Depending on certain factors, this may not be the case and you may be entitled to…
In Henderson v. McGregor 2019 BCSC 1964, the claimant sought damages for injuries resulting from an unprovoked assault and battery following a road rage incident. The road rage incident occurred on June 2, 2017 on Highway 99 near the entrance to the George Massey Tunnel. Before the incident, the plaintiff was driving from Delta to…
This claimant was physically assaulted by an unknown customer while waiting in line at the retail store, London Drugs. He claimed London Drugs was civilly liable for the injuries he suffered in the assault. The claim was in negligence and under the Occupiers Liability Act, R.S.B.C. 1996, c. 337 ( slip and fall legislation). Without…
It is not an assault or battery when a certified citizen is forced into treatment against his or her will. Therefore, this patient was deemed to have consented to treatment because of his certification under the Mental Health Act. The claimant was a patient held under the Mental Health Act for 13 years. After being…
This claimant suffered serious injuries as a result of a road rage incident that began on the southerly on-ramp to the Second Narrows Bridge in Vancouver, and ended at the top of what is known as “the Cut” on Highway #1, in North Vancouver. The claimant and defendant became involved in a dispute over who cut off whom…
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…
Fueled by a drunken rage, the defendant drove over to the claimant’s house in Mission B.C. armed with a metal pole intent on inflicting grievous bodily harm. The claimant said that the truck came bouncing down the driveway towards the house with its horn honking. A fight ensued in which the claimant suffered a serious blow to…