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Plaintiff awarded $21,618.01 in damages after being severely beaten in a case of mistaken identity.
The plaintiff sued the defendants for assault and battery after the defendant Broughton mistakenly identified the plaintiff as a man who had broken into the defendants' home earlier that morning.
The defendant Broughton confronted the plaintiff on the street, pushed him down, and beat him severely, causing a fractured eye socket.
The court found the plaintiff credible and concluded he was not the intruder.
The action against the defendant Broughton was allowed, with damages fixed at $20,000 for pain and suffering plus OHIP subrogated damages.
The action against the co-defendant was dismissed.
Costs fixed at $10,000 for successful defendants due to plaintiff's financial hardship and tragic circumstances.
Following a jury trial where the defendants were found not liable for an assault on the plaintiff by other bus passengers, the defendants sought costs of $52,599.40.
The plaintiffs argued for a moderate costs award of $5,000 to $10,000 due to financial hardship and the reasonableness of the claim.
The court exercised its discretion under section 131 of the Courts of Justice Act and Rule 57.01, fixing costs at $10,000 all inclusive, noting the plaintiff's significant injuries and financial hardship.
