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BUS 393 Week 5 Presentation

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Debra Wong

on 23 July 2013

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Transcript of BUS 393 Week 5 Presentation

Debra Wong 301096240
Vicki Dai 301112420
Binhua Wang 301153823 BUS 393
Chapter 4: Torts
Case 1 : Babiuk v. Trann The Court of Appeal for Saskatchewan
Appellant: Shawn Babiuk
Respondent: Cory Trann
Coram: Sherstobitoff, Lane & Jackson JJ. A. Related Facts
from the affidavit Babiuk:
was pushed then stepped on someone accidentally
said sorry as he walked away, then got punched
Trann:
saw Babiuk stamped downward on Soulodre's face and upper body repeatedly.
heard Soulodre screaming
punched Babiuk to stop Babiuk
Soulodre:
Babiuk deliberately stepped on his face
sustained cuts on face from Babiuk's metal cleats Issues Background Judges agree with trial judge's decision
The defence was available to Trann in this case
Babuik was acting unlawfully by committing an assault
Trann was justified in using force to protect his teammate
The force used by Trann was reasonable.
Trann only struck once to prevent further injury
Trann acted to protect his teammate rather than to get revenge. What we think Q: Do you agree with the court/judge's ruling or decision? Why do you agree or disagree? Thanks for Listening! Further Discussion Given the particularly violent nature of this game, consider the nature of any defence that might be available to the defendant and its likehood of success. would it make any difference to your answer if the punch is characterized by plaintiff as a "Sucker Punch"?
Violence exists in some sports, if both parties are willing participants, would it be better to leave matters like this to governing sport bodies rather than involving courts? Salmond on Torts, 13th ed., at pp. 310-11: It is lawful for any person to use a reasonable degree of force for the protection of himself or any other person against any unlawful use of force. Force is not reasonable if it is either

(i) unnecessary -- i.e., greater than is requisite for the purpose

-- or

(ii) disproportionate to the evil to be prevented -- 1. Was the defense of another
(a teammate) a defense available at
law in an action for damages for assault? 2. If so, was the force used by Trann in defending Soulodre reasonable in the circumstances? Case: Cachay v. Nemeth (1972) The plaintiff, while dancing with the defendant's wife playfully attempted to kiss her.
The defendant felt the need to protect her from further assault and struck the plaintiff a violent blow on the head without warning to him.
Although the judge implicitly found the defense to be available, concluded that the force used was grossly out of proportion to the requirement of the situation and found the defendant to be liable in damages. Case: Gambriell v. Caparelli (1974) The plaintiff and the defendant's son were engaged in a fight.
The defendant, hearing the noise, exited her house and saw the plaintiff choking her son over the back of his car.
She grabbed a three-pronged garden rake and struck the plaintiff repeated on the head until he released her son.
The defendant suffered lacerations which required stitches to close and sued to recover damages Was the force used by Trann
in defending Soulodre reasonable
in the circumstances? Necessary
Soulodre's screams were real
The danger of someone the size of Babiuk stepping on Soulodre's face was self-evident
Proportionate
Trann struck Babiuk to prevent further injury
Trann only struck Babiuk once 3. If Trann is found liable, what is the quantum of damages? 1. Was the defense of another (a teammate) a defense available at law in an action for damages for assault? Summary & Judgement 2. If so, was the force used by Trann in defending Soulodre reasonable in the circumstances? 3. If Trann is found liable, what is the quantum of damages? Referee:
did not see Babiuk stepping on Soulodre
only saw Trann punch Babiuk.
informed about Trann's 3 game suspension from the Union.

Michael Nolin
teammate of Trann
president of the Saskatchewan Rugby Union
broke from a clench with Babiuk who stepped backward onto the face of Soulodre
heard Solodre screamed in pain
saw Trann hit Babuik
stated that the referee was mistaken for the three games suspension Related Facts
"the witnesses" Kelly Greenwood
teammate of Babiuk
saw Trann sucker punch Babiuk and Trann holding Babiuk's leg as he pulls away
didn’t see Babiuk either stepping on or raking Souledre’s face

Leon Bourner
teammate of Trann
saw Babiuk deliberately stepped on Soulodre’s face Related Facts
"the witnesses" members of opposing teams in North Saskatchewan Rugby Union
Why is Babiuk suing?
Babiuk's jaw was broken into two from Trann's punch
an alleged assault
How is Trann defending?
Trann did so to protect his teammate
Mediation occurred right after the injury
Babiuk accepted Trann's $1500 but still decided to sue Trann. Ruck
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