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ARTICLE · 16 FEBRUARY 2021

Court Decision On Defence Bars Assault Claim

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The action arose from an assault that took place in a parking garage on the evening of February 24, 2012.

CanadaLitigation, Mediation & Arbitration
Jeremy Ablaza
Jeremy Ablaza
Edona Vila
Edona Vila
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On December 1, 2020, the court released its decision in Teglas v. City of Brantford, 2020 ONSC 7408 (Teglas). This decision followed a five-day non-jury liability trial in which the defendants were ultimately found not liable for injuries sustained by a plaintiff following an assault in a parking garage's stairwell.

Background

The action arose from an assault that took place in a parking garage on the evening of February 24, 2012. The plaintiff, who had parked his car at the garage for the workday, was subjected to a sudden and unprovoked assault by two individuals in one of the stairwells of the garage. The plaintiff had no warning and the entire altercation took place in less than a minute. The perpetrators left the scene after the plaintiff began to fight back. The perpetrators were never located or identified.

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