Seoran v. (British Columbia) Interior Health 2022 BCSC 335 is a trial decision involving an assault between a patient and a psychiatrist. In 2014 at the Inpatient Psychiatry Unit of the Penticton Regional Hospital, a Psychiatrist was providing care for an involuntary patient who had been admitted to the hospital a little over a week…
As discussed in previous blog articles on assault and battery, in law an assault is the intentional creation of the apprehension of immediate harmful or offensive conduct but without actual touching. On the other hand, battery occurs whenever unlawful force is intentionally inflicted on another person that is either physically harmful or offensive to his reasonable sense of…
As discussed in previous blog articles on assault injuries, in law an assault is the intentional creation of the apprehension of immediate harmful or offensive conduct but without actual touching. On the other hand, battery occurs whenever unlawful force is intentionally inflicted on another person that is either physically harmful or offensive to his reasonable…
In Thatcher v. Lowe 2021 BCSC 590, the injured claimant sought compensation for injuries he suffered from an assault by 2 members of the Hells Angels in 2016. The injured claimant was sitting in his vehicles when several cars parked behind him and a group of 8-10 men got out and surrounded his vehicle. Members…
In previous blog posts, we discussed recent cases where damages were awarded for assault injuries. In Thomson v. Fraser 2021 BCSC 541, the injured claimant was a 21 year-old security guard at the Pan Pacific Hotel in Vancouver. The defendant was a private school teacher at the prestigious Shawnigan Lake School on Vancouver Island. Before the…
In previous blog posts, we discussed recent cases where damages were awarded for assault injuries. In Simpson v. Tiechrieb 2021 BCSC 2010, the 18 year-old injured claimant was severely and savagely beaten with a baseball bat by the defendant after he stumbled into his yard in the early morning hours after a high school graduation…
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…
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 also pursue compensation for your injuries and losses against the assailant. The…
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…