Plaintiff
Defendant
Facts: Andrew Mathieson, the plaintiff, was assaulted at a 7-Eleven store in Kelowna, resulting in severe injuries including a fractured skull and a medically induced coma. The incident involved Ryan Aiken, Braydon Giesbrecht, and Todd Van Gaal, who were all intoxicated and had earlier attended a music festival. The assault was captured on the store’s security camera, showing multiple attacks on Mathieson by the defendants.
Issue: The legal issue centered on whether the defendants were liable for the assault on Mathieson and if they acted jointly, thus sharing responsibility for the injuries sustained by the plaintiff.
Court's Ruling: The court found all defendants jointly liable for the injuries inflicted on Mathieson. It was determined that they were engaged in a common enterprise to taunt, bully, and ultimately assault and batter Mathieson, culminating in Giesbrecht’s punches which directly caused the severe injuries.
Amount of Costs/Damages Awarded: The judgment does not specify the amount of costs or damages awarded to Mathieson. This detail might be addressed in a separate proceeding focusing specifically on the assessment of damages and costs now that liability has been established.
Court
Supreme Court of British ColumbiaCase Number
S53355Practice Area
Tort lawAmount
Winner
PlaintiffTrial Start Date
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