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damages Tag

Hauer & Co. > Posts tagged "damages"

Assault leads to damages award

In the recent case of Basic v. Barjaktarovic, 2019 BCSC 142, the court addressed issues on liability and damages with respect to an alleged assault and battery occurring in September 2012.  At some point, in or around October of 2010, the defendant, Mr. Barjaktarovic, asked the plaintiff to fix a broken metal gate at his home. To thank him for his help, Mr. Barjakarovic gave the plaintiff a bottle of homemade Slivovic brandy, which he accepted and took home with him, unopened. The plaintiff suffered from a delusional disorder, persecutory type, and seems to be one of long standing. The...

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Man awarded $2 million after car accident, found to be a thin skull

The recent decision of Murphy v. Hofer 2018 BCSC 869, exemplifies the "thin skull" principle in the law.  The thin skull rule makes the defendant liable for the plaintiff’s injuries even if the injuries are unexpectedly severe owing to a pre-existing yet stable condition. The plaintiff, Leo Murphy, (“Mr. Murphy”) asked for money damages for injuries he suffered in a motor vehicle accident that occurred on November 29, 2013 (the “Accident”). The defendants admitted liability for the Accident. However, they disputed the extent of the damages Mr. Murphy alleged he suffered.  They alleged that the plaintiff was not a thin skull. At the...

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