In an undefended civil action, nightclub patrons sought damages after one plaintiff was assaulted by unidentified customers on the premises.
The court proceeded under the Rules of Civil Procedure after striking the defence and jury notice for non-compliance with a prior order requiring corporate defendants to appoint counsel or obtain leave for representation.
Liability was effectively established on deemed facts grounded in alleged breaches of occupiers' and liquor-service duties.
The court awarded non-pecuniary damages, past income loss, and Family Law Act damages, plus partial indemnity costs and pre- and post-judgment interest under the Courts of Justice Act.
