Incident: On September 16, 2018, a violent altercation occurred between John Pyper and Katy Schuetze at their home, witnessed by their children. Both accused each other of past domestic violence.
Trial Court: The court found Mr. Pyper’s account less credible and awarded Ms. Schuetze $795,029.68 in damages and partial special costs.
Appeal Grounds:
Uneven Scrutiny: Mr. Pyper claimed the trial judge unfairly scrutinized his evidence more rigorously than Ms. Schuetze's.
Causation Analysis: He argued the judge erred in linking Ms. Schuetze’s psychological injuries solely to the incident, not considering her recovery during their reconciliation.
Special Costs: He contested the partial special costs awarded for pre-trial conduct and alleged judicial overreach in varying prior cost awards.
Key Findings on Appeal:
Credibility: The appellate court upheld the trial judge’s credibility assessments, finding them reasonable and based on thorough evidence analysis.
Causation: The court found no error in attributing Ms. Schuetze’s ongoing psychological issues to the incident, dismissing Mr. Pyper’s claims about the reconciliation period.
Special Costs: The court partially agreed, excluding costs related to three interlocutory applications but upholding special costs due to Mr. Pyper's attempts to undermine Ms. Schuetze’s legal representation.
Conclusion: The appeal was allowed only to the extent of excluding costs associated with three interlocutory applications. The original judgment was otherwise affirmed, including the damages and credibility findings.
The total amount ordered for costs was not specified.
