The accused was charged with aggravated assault following a confrontation between boaters on Lake Couchiching during a busy holiday weekend.
The complainant suffered a severe eye injury resulting in permanent loss of vision after being struck during the altercation.
The accused denied striking the complainant and asserted that he approached the other boat only after being invited, raising issues of consent and identity of the assailant.
Applying the principles in R. v. W.(D), the court rejected the defence evidence, accepted the testimony of eyewitnesses, and concluded that the accused intentionally applied force by striking the complainant in the face after climbing onto the complainant’s boat.
The court found the complainant did not consent to any physical confrontation and that the force used objectively carried the risk of bodily harm.
The Crown proved the elements of aggravated assault beyond a reasonable doubt.