Griffin v. Olsen, 2018 BCPC 66

Citation: Griffin v. Olsen 2018 BCPC 66 Date: 20180315 File No: 27440 Registry: Richmond IN THE PROVINCIAL COURT OF BRITISH COLUMBIA BETWEEN: LIAM MYLES GRIFFIN CLAIMANT AND: RYAN OLSEN DEFENDANT REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE T. GOVE Appearing on his own behalf: L. Griffin Appearing for the Defendant: No appearance Place of Hearing: Richmond , B.C. Date of Hearing: March 12, 2018 Date of Judgment: March 15, 2018

The Assault [ 1 ] The claimant, Liam Griffin, testified at this trial. As did his father. I found them to be credible and reliable witnesses. From their evidence I make the following findings of fact. [ 2 ] On July 16, 2017, Griffin was a 19-year-old college student who, on summer break, was working in a retail store. In the evening, he and a friend went to a house birthday party for the sister of a friend. Ryan Olsen, aged approximately 23, was also at the party. Griffin knew Olsen’s younger siblings but had never met or spoken to Ryan Olsen.

He knew him by reputation as they both lived in the community of Tsawwassen where Olsen was known as an accomplished hockey player who had been drafted by the Winnipeg Jets Hockey Team and was living in Winnipeg. [ 3 ] As Griffin left the party around midnight, he and his friend saw Olsen pushing a young female. She was saying “no” and he was yelling “yes”. Olsen was pushing the female away from the area of the house. Griffin and his friend said “hey” to get Olsen’s attention and have him stop pushing. Olsen said, “I am a professional hockey player. I make more money than you ever will. Let me do my thing”.

As Griffin and his friend walked away they said to stop pushing the girl. Olsen followed them with a fist clenched. He punched Liam on the left cheek with his fist. Griffin fell, unconscious. As he hit the ground his head stuck the concrete. Apparently, Olsen then knocked Griffin’s friend to the ground before leaving. [ 4 ] Griffin was taken to Delta Hospital by ambulance. He regained consciousness the following day and was discharged from the hospital to his parents. [ 5 ] He was unable to work for the rest of the summer.

He resumed college in September and graduated with a diploma in business in the spring of 2017. [ 6 ] The Delta Police attended the scene of the assault. Griffin cooperated with the police when several days after he left the hospital he went to the police station and gave a statement. Ryan was released by the police on an undertaking. No criminal charges were laid by the Crown. Court Process [ 7 ] A Notice of Claim for the tort of assault causing bodily harm was filed on February 17, 2017 and served on Olsen. He filed a Reply claiming self-defence. He gave a Winnipeg address as his address for service.

An Amended Notice of Claim was filed on July 25, 2017 raising the claim to $35,000. It was sent to Olsen. [ 8 ] Griffin filed a Certificate of Readiness. This was serviced on Olsen at his Winnipeg address. A Settlement Conference was set for August 2, 2017, and both parties were given notice. Olsen did not attend nor inform Griffin or the Registry that or why he would not be there. The presiding judge adjourned the conference to allow Griffin to get more information about his injuries. [ 9 ] On August 23, 2017, Griffin came across Olsen in downtown Vancouver. Olsen approached him and said, “I’ll do it again.

Go ahead and take my money - I have loads of it”. [ 10 ] A further Settlement Conference was set for February 5, 2018. Olsen was served with notice of the conference but did not attend nor inform Griffin or the registry. [ 11 ] On February 5, 2018, the Settlement Conference was before me. Olsen having not attended, I granted Griffin a default judgment and set a trial for March 12, 2018, to hear evidence on quantum of damages. Injuries [ 12 ] A number of medical reports and summaries were filed: 1. July 17, 2016, Medical Imaging Report from Delta Hospital; 2. July 20, 2016, visit

summary by Dr. Martin; 3. July 28, 2016, MRI scan report; 4. November 9, 2017, visit

summary from Dr. Martin; 5. February 1, 2018, note from Dr. Owen confirming plastic surgery wait list. [ 13 ] These documents and Griffin’s evidence establish that as a result of the assault on him he sustained a concussion, a contusion and frontal lobe injury to his right forehead requiring stitches, a cut to his left cheek requiring stitches, scrapes to his elbow and back, as well as injury to his neck, back and leg. [ 14 ] A number of photographs of Griffin were filed as exhibits. They show his face the day after the incident and at time periods after that.

A large contusion to his right forehead is evident; as is the puncture mark on his cheek. Observing him in the witness stand in court, the contusion is evident. He may be able to have this addressed with plastic surgery, however, medical advice to him is to wait a few years before doing so in order to see how long the pain continues. [ 15 ] As a result of the injuries, Griffin was not able to work for the balance of the summer of 2016. He describes the pain in his

head, even with pain medication, as “brutal”. He also had pain in his leg from the fall. The concussion was evident for at least two tothree weeks to the extent that he could not watch television. During the fall and winter 2016 to 2017, the pain slowly transferred to aconstant pain at the location of the contusion. He testified that he could feel blood pulsating there. Eventually, the frequency of painreduced to once a month and this continues to date. [16] The assault has affected his enjoyment of life. Griffin was a high flight hockey player and can no longer play a contact sport.

Even now as a recreational hockey player, when he wears a helmet he has pain from the pressure. He is unable to wear hats as he didbefore. He has had to stop or cut back on everything from wakeboarding to other physical activities. Sunlight causes him to feelpressure in his head. [17] He commenced full-time employment in May 2017 at a software company. The contusion and pain from it slows down hisproductivity and effect his ability to work. Day-to-day business is interfered with because he is self-conscious of the contusion. Hehates that he is constantly asked by other how he sustained it.

He definitely wants evidence of it removed if and when he is able to doso. [18] The ongoing consequences of the assault are the physical presence and pain from the contusion.

Damages Special Damages: [19] The special damages or out of pocket expenses that griffin incurred are as follows: MRI $1,000 BC Emergency Health Services 80 Loss of wages (Shoppers) 3,150 $4,230 Non-Pecuniary Damages: [20] I have considered the degree of injury to Griffin and in particular the pain and suffering, nature of the injury, severity andduration of the pain, disability, emotional suffering, impairment of his social life and lifestyle and effect on his ability to carry out hisemployment.

I have also considered that Griffin will likely have plastic or cosmetic surgery in the future. [21] From my examination of the case law, there is a wide range of awards in cases of assault. This is not surprising considering thepeculiar circumstances of each case. Injuries suffered from an assault are so individualized. [22] I assess the non-pecuniary damages in this case at $20,000. Punitive Damages: [23] Punitive damages are awarded to punish and express outrage at a defendant’s extreme conduct. Here Olsen’s conduct is harsh,reprehensible, vicious and high-handed.

By any reasonable standard the defendant’s conduct deserves to be condemned and punished. See Kim v. Kwak, 2006 BCSC 641 , at para. 47, and cases referred to therein. [24] Griffin’s conduct prior to the assault in speaking up for the young female was the prosocial conduct of a 19 year old “GoodSamaritan”. Olsen’s response was criminal and deserving of punishment. [25] Punishment must be proportional to the offensive conduct. Punitive damages should only be awarded where compensatorydamages and other punishment would be insufficient to achieve the goal of punishment and deterrence: Kim v.

Kwak, supra at para. 48;Whiten v. Pilot Insurance Co., [2002] 1 S.C.R. 595, 2002 SCC 18 . That is the case here as there was no other punishment.There has been no criminal consequence or fine that need to be considered. [26] On the facts in this case, Olsen was entirely responsible for the assault on Griffin. The conduct was deliberate in that hefollowed Griffin and his friend with the intent to strike them; which he did. His statements such as “Let me do my thing,” show anattitude of entitlement. His statement to Liam five weeks after the incident - “I’ll do it again.

Go ahead and take my money - I haveloads of it” - show a lack of remorse, no acceptance of responsibility and demonstrate clearly that he has not been deterred.

His failure toattend any of the court proceedings or advise that he did not intend to attend shows his attitude to this incident and process. [27] I conclude that a punitive award in this case is necessary to satisfy the interests of justice, denounce the conduct, deter thisdefendant and others of like mind and to punish him. [28] I assess the punitive damages in this case at $10,000. [29] Damages are: Special damages: $4,230 Non-pecuniary damages: $20,000 Punitive damages $10,000

$34,230 Costs: Filing fees $156 Service fees $20 $176 Total judgment $34,406 [ 30 ] There is a judgment in favour of Liam Griffin and against Ryan Olsen in the amount of $34,406 plus court ordered interest from today’s date. [ 31 ] I order that any applications brought on this file are to come before me. ____________________________ The Honourable Judge T. Gove Provincial Court of British Columbia