Mathieson v. Aiken
Andrew Mathieson
Law Firm / Organization
Kidston and Company
Ryan Aiken
Law Firm / Organization
Trach Law
Lawyer(s)

Lisa M. Trach

Braydon Giesbrecht
Law Firm / Organization
Chandler Law
Lawyer(s)

John C. Chandler

Todd Van Gaal
Law Firm / Organization
Nixon Wenger LLP
Lawyer(s)

Andrew Powell

  • 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.

Supreme Court of British Columbia
S53355
Tort law
Plaintiff