The appellant obtained a civil judgment in excess of $1 million against the respondent for an unprovoked assault that caused permanent brain damage.
The respondent subsequently filed for bankruptcy.
The appellant moved for a declaration that the judgment survives bankruptcy under s. 178(1)(a.1) of the Bankruptcy and Insolvency Act as an award for bodily harm intentionally inflicted.
The motion judge dismissed the motion, finding no intent to injure.
The Court of Appeal allowed the appeal, holding that the respondent's act of punching the appellant in the head with a closed fist demonstrated the requisite intent to inflict bodily harm, and the judgment therefore survives the bankruptcy discharge.
