Martin v. Daigle, (1969) 1 N.B.R.(2d) 755 (CA)

• Judge: Bridges, C.J.N.B., Limerick and Hughes, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: March 05, 1969
• Jurisdiction: New Brunswick
• Citations: (1969), 1 N.B.R.(2d) 755 (CA)

Martin v. Daigle (1969), 1 N.B.R.(2d) 755 (CA);

    1 R.N.-B.(2e) 755

MLB headnote and full text

Sommaire et texte intégral

Martin v. Daigle

Indexed As: Martin v. Daigle

Répertorié: Martin v. Daigle

New Brunswick Court of Appeal

Bridges, C.J.N.B., Limerick and Hughes, JJ.A.

June 20, 1969.

Summary:

Résumé:

The New Brunswick Court of Appeal affirmed the trial Court's decision which held that the defendant/respondent was liable for damages for injuries resulting from a blow struck with a fist by the defendant to the face of the plaintiff/appellant during a hockey game.

The New Brunswick Court of Appeal held that such a striking was intended to cause bodily injury and inflicted bodily injury and was therefore actionable.

The New Brunswick Court of Appeal varied damage award by allowing the plaintiff/ appellant $150 for general damages for personal injuries which was in addition to $198 for special damages for personal injuries for dental and medical services.

Torts - Topic 3188

Trespass - Assault and battery - During sports and games - Whether the striking with a fist to the face of a hockey player during a hockey game is within the limits of immunity conferred by law upon participants of a lawful sport (New Brunswick Court of Appeal).

Damage Awards - Topic 112

Injury and death - Head injuries - Teeth - 19 year old male - Loss of tooth and cuts and bruises - $150 general damages (New Brunswick Court of Appeal).

Cases Noticed:

Agar v. Canning (1966), 54 W.W.R. 302; (1966), 55 W.W.R. 384, folld.

Guillet v. Charlebois, [1935] 3 W.W.R. 438 (Sask. C.A.), folld.

Loudon v. Ryder, [1953] 2 Q.B. 202, folld.

Counsel:

J.C. Angers, for the plaintiff/appellant;

Jean-Marie Dionne, for the defendant/respondent.

APPEAL from a judgment of the Madawaska County Court dated March 5, 1969 in favour of the plaintiff/appellant in an action for damages for personal injuries for assault.

The judgment of the Court was delivered by Hughes, J.A.