Basic v. Barjaktarovic

Basic v. Barjaktarovic

On the balance of probabilities, and after careful credibility assessment, the court found that the plaintiff was assaulted by Dragolub Barjaktarovic without justifiable provocation; Ms. Miller's six-month-later statement was inadmissible hearsay under the principled approach; diversion proceedings did not provide admissible admissions; the plaintiff proved causally related injuries (including one fractured rib and aggravation of TMJ) and was awarded damages: non-pecuniary $30,000, aggravated $5,000, punitive $2,500, and special damages $1,090.47 (in trust for the Minister of Health), plus interest under the Court Order Interest Act; claims against John Doe and the deceased counterclaim...

Citation
2019 BCSC 142
Parties
Plaintiff: Zvonko Basic; Defendant Litigation Representative for the Estate of Dragolub Barjaktarovic: Kosa Barjaktarovic; Defendant (not Located or Served): John Doe
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 February 2019
Procedural Posture
Civil Tort Action for Assault and Battery, Damages Claim / Trial Judgment (reasons for Judgment)
Outcome
Plaintiff's claim allowed against the Estate of Dragolub Barjaktarovic; claim against John Doe dismissed; counterclaim by Dragolub Barjaktarovic dismissed.
Legal Topics
Assault and Battery, Damages Non Pecuniary, Aggravated and Punitive, Hearsay Admissibility Principled Approach, Credibility Assessment, Provocation and Self Defence, Judicial Notice, Statutory Interest
Source Language
English
Torts Personal Injury Evidence Civil Procedure Assault and Battery Damages Non Pecuniary, Aggravated and Punitive Hearsay Admissibility Principled Approach Credibility Assessment +3 more

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Parties

Zvonko Basic

Plaintiff

Kosa Barjaktarovic

Defendant Litigation Representative for the Estate of Dragolub Barjaktarovic

John Doe

Defendant (not Located or Served)

Procedural Posture

Civil Tort Action for Assault and Battery, Damages Claim / Trial Judgment (reasons for Judgment)

Legal Issues

  1. 1 Did an intentional battery/assault occur on September 27, 2012?
  2. 2 Are the Estate defendant's alternative defences of provocation, self-defence, or that a third party was sole aggressor made out on the evidence?
  3. 3 Is Ms. Miller's six-month-later statement admissible under the principled hearsay exception?

Ratio Decidendi

On the balance of probabilities, and after careful credibility assessment, the court found that the plaintiff was assaulted by Dragolub Barjaktarovic without justifiable provocation; Ms. Miller's six-month-later statement was inadmissible hearsay under the principled approach; diversion proceedings did not provide admissible admissions; the plaintiff proved causally related injuries (including one fractured rib and aggravation of TMJ) and was awarded damages: non-pecuniary $30,000, aggravated $5,000, punitive $2,500, and special damages $1,090.47 (in trust for the Minister of Health), plus interest under the Court Order Interest Act; claims against John Doe and the deceased counterclaim...

Court Disposition

Plaintiff's claim allowed against the Estate of Dragolub Barjaktarovic; claim against John Doe dismissed; counterclaim by Dragolub Barjaktarovic dismissed.

Orders

  • Award plaintiff non-pecuniary damages of $30,000 CAD
  • Award plaintiff aggravated damages of $5,000 CAD