The appellant appealed a trial judgment awarding the respondent damages for an assault that occurred during a recreational hockey game.
The trial judge found that the appellant deliberately punched the respondent in the face after the referee had stopped play, causing dental injuries.
The Divisional Court upheld the trial judge's findings that the respondent did not assume the risk of a deliberate, unprovoked attack and that the liability waiver did not bar recovery.
The court also upheld the award of special damages for future dental work, finding the respondent's dentist was qualified to provide opinion evidence.
The appeal was dismissed.
