The Supreme Court of British Columbia has awarded $1,110,000 in damages to the victim of an assault during a New Year's Eve house party in Sechelt, British Columbia.
Michael Matthew suffered a significant head injury when the defendant, Travis Tattrie, took offence to something that was said and struck him in the head with a baseball bat. When Matthew regained consciousness, the party-goers, including Mr. Tattrie, took him to the hospital. Their failure to disclose the nature of the injury contributed to a delay in treatment. As a result of the assault, Matthew has been left with permanent cognitive impairments, physical scars, loss of manual dexterity, and epilepsy.
Three days after the incident, Tattrie was arrested and charged with aggravated assault. He pleaded guilty and received a one-year jail sentence and probation.
Counsel for the plaintiff had sought punitive damages; however, the court ruled that the size of the damage award, combined with the criminal penalty, does not make it an appropriate case for an award of punitive damages.
The key point is that punitive damages are awarded "if, but only if" all other penalties have been taken into account and found to be inadequate.
You can read this verdict at
http://http://www.courts.gov.bc.ca/jdb-txt/SC/09/02/2009BCSC0263.htm. |
