Schuetze v. Pyper

Schuetze v. Pyper

On the evidence and credibility findings the court found defendant liable for a serious battery on September 16, 2018; admitted the child's spontaneous statements under the principled hearsay exception and the plaintiff's contemporaneous expressions of pain under the res gestae principle; accepted the uncontested...

Source-derived case information.

Citation
2021 BCSC 2209
Parties
Plaintiff/defendant by Counterclaim: Katy Schuetze; Defendant/plaintiff by Counterclaim: John Pyper
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 November 2021
Procedural Posture
Civil Tort Battery (assault) / Personal Injury and Family Context / Trial Judgment (reasons for Judgment)
Outcome
Judgment for plaintiff Katy Schuetze. Defendant John Pyper liable for battery on September 16, 2018. Defendant's counterclaim dismissed.
Legal Topics
Battery/assault, Hearsay (principled Exception), Res Gestae / Spontaneous Utterances, Causation (mtbi/ptsd), Credibility Assessment, Damages (non Pecuniary, Past and Future Loss of Earning Capacity, Cost of Future Care), Provocation / Mitigation
Source Language
english
Tort Law Personal Injury Family Law Evidence Law Criminal Law Battery/assault Hearsay (principled Exception) Res Gestae / Spontaneous Utterances +4 more

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Parties

Katy Schuetze

Plaintiff/defendant by Counterclaim

John Pyper

Defendant/plaintiff by Counterclaim

Procedural Posture

Civil Tort Battery (assault) / Personal Injury and Family Context / Trial Judgment (reasons for Judgment)

Legal Issues

  1. 1 Was defendant liable for battery on September 16, 2018?
  2. 2 Did plaintiff prove causation between the violent incident and alleged MTBI/PTSD and ongoing symptoms?
  3. 3 Are the child's out-of-court statements admissible under the principled hearsay exception?

Ratio Decidendi

On the evidence and credibility findings the court found defendant liable for a serious battery on September 16, 2018; admitted the child's spontaneous statements under the principled hearsay exception and the plaintiff's contemporaneous expressions of pain under the res gestae principle; accepted the uncontested and persuasive expert medical evidence linking the battery to concussion/MTBI and PTSD and to ongoing symptoms; awarded compensatory damages for non-pecuniary loss, past and future loss of earning capacity, cost of future care and special damages; dismissed defendant's counterclaim and did not award punitive damages beyond compensation because compensatory awards satisfied...

Court Disposition

Judgment for plaintiff Katy Schuetze. Defendant John Pyper liable for battery on September 16, 2018. Defendant's counterclaim dismissed.

Orders

  • Award to plaintiff: Non-pecuniary damages $100000 (CAD)
  • Award to plaintiff: Cost of future care $22271.45 (CAD)