R.T. v. Lowe

R.T. v. Lowe

Defendants' guilty pleas and the unchallenged sentencing hearing statements admitted the essential facts that they acted as part of a group that surrounded and confined the plaintiff and engaged in threatening and violent conduct; permitting defendants to re-litigate those admissions would be an abuse of process, so summary judgment is granted on liability for assault, battery and false imprisonment; liability for intentional infliction of mental suffering and quantum are not established on the record and are referred to trial.

Citation
2021 BCSC 590
Parties
Plaintiff: R.T.; Defendant: Allen William Lowe; Defendant: Bradley Anton Navratil; Defendant: Jamie Weagle; Defendant: Raymond Leonard Rutledge; Defendant: Shawn Leon Mansfield; Defendant: Chris Anthony Rolufs; Defendant: John Doe
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 March 2021
Procedural Posture
Civil Tort Claim Arising From Assault, Battery, False Imprisonment and Intentional Infliction of Mental Suffering / Application for Summary Judgment Under Rule 9 6 and Summary Trial Under Rule 9 7 (liability Only)
Outcome
Summary judgment granted on liability for assault, battery and false imprisonment in favour of plaintiff R.T. against defendants Allen William Lowe and Shawn Leon Mansfield; liability for intentional infliction of mental suffering and assessment of damages referred to the trial list; costs awarded to plaintiff at...
Legal Topics
Summary Judgment, Abuse of Process, Res Judicata/re Litigation, Joint Tortfeasors, Evidence of Criminal Conviction, Intentional Infliction of Mental Suffering, Assessment of Damages
Source Language
English
Tort Law Civil Procedure Criminal Law (use of Conviction in Civil Proceedings) Summary Judgment Abuse of Process Res Judicata/re Litigation Joint Tortfeasors Evidence of Criminal Conviction +2 more

Case Brief

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Parties

R.T.

Plaintiff

Allen William Lowe

Defendant

Bradley Anton Navratil

Defendant

Jamie Weagle

Defendant

Raymond Leonard Rutledge

Defendant

Shawn Leon Mansfield

Defendant

Chris Anthony Rolufs

Defendant

John Doe

Defendant

Procedural Posture

Civil Tort Claim Arising From Assault, Battery, False Imprisonment and Intentional Infliction of Mental Suffering / Application for Summary Judgment Under Rule 9 6 and Summary Trial Under Rule 9 7 (liability Only)

Legal Issues

  1. 1 Whether there is no genuine issue for trial on liability for assault, battery and false imprisonment
  2. 2 Whether guilty pleas and sentencing transcript preclude defendants from re-litigating liability (abuse of process)
  3. 3 Whether liability for intentional infliction of mental suffering is suitable for summary disposition

Ratio Decidendi

Defendants' guilty pleas and the unchallenged sentencing hearing statements admitted the essential facts that they acted as part of a group that surrounded and confined the plaintiff and engaged in threatening and violent conduct; permitting defendants to re-litigate those admissions would be an abuse of process, so summary judgment is granted on liability for assault, battery and false imprisonment; liability for intentional infliction of mental suffering and quantum are not established on the record and are referred to trial.

Court Disposition

Summary judgment granted on liability for assault, battery and false imprisonment in favour of plaintiff R.T. against defendants Allen William Lowe and Shawn Leon Mansfield; liability for intentional infliction of mental suffering and assessment of damages referred to the trial list; costs awarded to plaintiff at...

Orders

  • Summary judgment entered on liability for assault, battery and false imprisonment in favour of R.T. and against Allen William Lowe and Shawn Leon Mansfield
  • Liability for intentional infliction of mental suffering and assessment of damages referred to the trial list