The respondent punched the appellant during a recreational hockey game, breaking his jaw.
The trial judge found the respondent liable for battery.
The respondent subsequently went bankrupt.
The appellants brought a motion for a declaration that the damage award survived bankruptcy under s. 178(1)(a.1)(i) of the Bankruptcy and Insolvency Act, which excepts awards for 'bodily harm intentionally inflicted'.
The motion judge dismissed the motion, finding no intent to inflict bodily harm.
The Court of Appeal allowed the appeal, holding that the inference of intent to cause significant bodily harm was inescapable given the force of the punch and the circumstances, and declared that the damage award survived the bankruptcy.
