Often in personal injury, and particularly in assault cases (including sexual assault), the defendant's conduct can attract both civil and criminal liability. Where there is a conviction, it is admissible as proof that the acts making up the charge were committed and can therefore be very helpful to the civil case.
A jury awarded almost $3 million in the family of a dentist who suffered a fatal head injury when he was pushed to the ground in the parking lot of the Atherly Arms Hotel in Orillia. After an investigation into the events surrounding the death of David Dumencu, the police charged the Tavern's Bouncer with manslaughter. Ultimately, a jury felt that there was reasonable doubt as to who pushed Dr. Dumencu and acquitted the defendant of the criminal charges. The extensive police investigation, including the multiple interviews of numerous witnesses, was very helpful to the prosecution of a concurrent civil action against the Bouncer and the Tavern.
Often in personal injury, and particularly in assault cases (including sexual assault), the defendant's conduct can attract both civil and criminal liability. Where there is a conviction, it is admissible as proof that the acts making up the charge were committed and can therefore be very helpful to the civil case.
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Originally published in The Litigator, July 2014
Sincere thanks to articling student Katherine Laliberte for her assistance in writing this article.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
