08 Dec Damages for Assault
In Bajwa v. Deol, 2017 BCSC 1673, the Plaintiff and his wife attended a wedding celebration in Surrey. As they were leaving the banquet hall, the Plaintiff was seriously injured when he was assaulted by the Defendant and an unidentified individual.
The Plaintiff and his wife arrived at the wedding reception and stayed for about four hours. As they waited for a cab at the end of the evening, the Defendant and another individual approached them. The Defendant punched the Plaintiff in the mouth with what appeared to be brass knuckles. The Plaintiff was stunned and at that point the other individual struck him on the back of the head with a hard object. He fell to the ground and lost consciousness. He was taken to Surrey Memorial Hospital where he received a CT scan. His lip was split open and three teeth were broken. He had numerous abrasions to his cheek and chin, as well as scrapes and cuts to the back of his head.
The Plaintiff was a dentist. Due to the pain and facial swelling caused by this unprovoked attack, he had to take a week off work. He could not chew properly for approximately two to three weeks. He suffered from headaches and had difficulty sleeping. He experienced anxiety and a fear of going out in public. He required $7,000 in further dental treatment, which did not include specialist or endodontic treatment.
The Defendant tried to convince the Court that he acted in self-defence. He claimed he thought the Plaintiff was going to attack him so he struck him with an open hand, causing him to fall on his bottom. The Court found the Plaintiff to be entirely credible and accepted his evidence over that of the Defendant.
The Court awarded the Plaintiff $55,000 in aggravated damages, $3,000 in lost income, $7,000 in dental expenses and costs.