Former Kelowna mayoral candidate David Habib has won a nearly $90,000 civil judgment against a man who sucker punched him while he was managing the Liquid Zoo strip club.
Habib, 62, was punched in the face by Brandon Daniel Wilson on June 19, 2019 while Habib was escorting an over-intoxicated woman, E.C., out of the club, according to a BC Supreme Court decision.
Wilson was criminally charged for the incident, but was acquitted after a jury trial. But while a criminal conviction requires proof beyond a reasonable doubt, a civil lawsuit seeking damages only needs to be proved on a balance of probabilities — a much lower threshold.
E.C. was celebrating her nineteenth birthday at the club with Wilson, who was dating her mother at the time of the incident. The pair arrived at Liquid Zoo after a day of drinking and celebrating that included stops at multiple bars and restaurants.
Shortly after arrival, Wilson left E.C. alone at a high-top table and went to another part of the club. A female server then noticed the intoxication level of E.C. and flagged the situation for the club’s security manager Jonathan Bruce, who then in turn alerted Habib.
After a brief conversation and offering E.C. a bottle of water, Habib decided that she was over intoxicated and needed to leave the club.
E.C. complied and was being guided out the door of the club by Habib who had “one hand on her wrist and his other hand on her back to guide and steady her,” the court decision says.
Wilson, who at this moment saw what was happening, apparently saw E.C. “wince” and inserted himself into the situation and punched Habib in the face, who fell to the floor.
The punch broke Habib’s glasses and lacerated his eyeball, requiring surgery and permanently impacting his vision. He also broke bones in the left side of his face.
At the civil trial, Wilson tried to argue that Habib took a swing at him first, and that he was coming to the aid of E.C.
Justice Briana Hardwick said there was no evidence that Habib swung first.
“Even if this phantom punch from the plaintiff occurred, which I do not accept it did, I conclude the plaintiff would have taken some defensive action or manoeuvre to avoid or counter the blow delivered by the defendant. The plaintiff did not do so because it was an undefended ‘sucker punch’ that he did not anticipate or see coming,” Hardwick ruled.
The judge also noted that if Wilson was concerned about E.C., he should have simply walked over and started a conversation.
Hardwick ruled that on a balance of probabilities Wilson committed battery on Habib and that his injuries have had a “significant impact on him.”
“The plaintiff’s left eye is now, according to the expert evidence, only a ‘spare tire.’ Further, while he remains active as a coach, he no longer spars and does not compete in boxing events. This loss is significant given the extensive involvement the plaintiff had in the sport throughout his life. I do recognize that, given his age, the plaintiff may have voluntarily decided to limit his active participation in the sport at some time. The point is that the injuries sustained in the incident forced him to make that decision prematurely,” Hardwick ruled.
Habib is a prominent member of the local boxing community.
The judge ordered Wilson to pay Habib $85,000 in non-pecuniary (pain and suffering) damages, $2,500 in aggravated damages and $1,875.49 in special damages. She dismissed the application for punitive damages.
“Decisions have consequences. Bad decisions often have negative consequences. This case is a stark example of both propositions,” she ruled.
The judge did note that there was a lack of video evidence of what happened after Wilson struck Habib. Wilson sustained his own injuries in the ensuing struggle, which the security manager Jonathan Bruce testified were self inflicted, something the judge had "significant doubts" about.
The decision said that Habib failed to provide the video footage to police quickly enough to avoid it being automatically deleted by the club's system.
"I conclude that there was a specific intent to limit the video of the incident in this regard so as to not provide video footage of the ensuing struggle between the defendant and Mr. Bruce," the judge ruled, adding later that she believed Bruce "let his anger over (sic)" after being his boss be punched.
"However, I have scant evidence before me on this point and, in any event, there is no claim before me as against Mr. Bruce," Hardwick ruled.
