In a personal injury action arising from an assault at a bar, the defendants had been noted in default and liability was previously determined.
The court conducted an undefended trial to assess damages after the plaintiff was struck in the face by a thrown beer bottle and suffered a facial laceration, post‑concussion syndrome, ongoing headaches, and psychological anxiety related to social settings.
Considering comparable assault cases and the lasting physical scar and emotional effects, the court awarded non‑pecuniary general damages.
The court also ordered reimbursement of subrogated claims relating to compensation paid by the Criminal Injuries Compensation Board and health care costs paid by OHIP, along with pre‑judgment interest.
Substantial indemnity costs were awarded given the defendants’ failure to participate and the victim‑related statutory considerations.
