Reasons for judgement were recently published by the BC Supreme Court, Vancouver Registry, demonstrating that civil litigation can be an important tool to help achieve justice following physical assault where criminal repercussions alone fail to address harm caused.

In the recent case (Schuetz v. Pyper) the Defendant battered the Plaintiff is a domestic incident.  He was charged with criminal assault and plead guilty but was sentenced to an absolute discharge.  The civil repercussions, however, were far heftier.

Both parties sued each other claiming battery.  The Defendant’s claims were dismissed and the Plaintiff’s accepted.  It was found that the domestic battery led to a host of physical and psychological injuries.  These were summarized by the Court as follows: