2 total
Defendant found liable for $702,551 after delivering an intentional blindside hit during a recreational hockey game.
The plaintiff was severely injured in a recreational hockey game when the defendant delivered a blindside hit to his head.
The plaintiff suffered a concussion, broken teeth, and facial cuts, leading to long-term cognitive and functional limitations that impacted his ability to work as a personal trainer.
The defendant argued the collision was accidental and that the plaintiff was contributorily negligent due to his choice of facial protection and chronic cannabis use.
The court found the defendant fully liable, concluding the hit was intentional or reckless and outside the bounds of fair play.
The court awarded the plaintiff $702,551 in damages, including general damages and past and future income loss.
Motion to impute income for interim child support to an incarcerated payor dismissed.
The applicant brought a motion for interim child support and section 7 expenses against the respondent, who was incarcerated and had no income.
The applicant sought to impute income to the respondent based on his pre-incarceration earnings, arguing his intentional criminal behaviour led to his unemployment.
The court declined to impute income on an interim basis, noting that imputation is discretionary and an incarcerated parent cannot modify their behaviour to earn income.
The court dismissed the motion without prejudice, leaving the issue for the trial judge to determine on a final basis.
