The plaintiff brought a motion for default judgment against the defendant for personal injuries sustained during an assault in the plaintiff's apartment building.
The defendant, who was noted in default, pushed the plaintiff down a flight of stairs, resulting in a severely fractured ankle and lacerations from broken glass.
The court found the defendant liable and assessed general damages at $85,000, deducting $15,000 from a prior settlement with the property managers.
The plaintiff was awarded $70,000 in general damages, recovery of the OHIP subrogated claim, and partial indemnity costs.