The mother of a homeowner was sued for assaulting a tenant and throwing scissors at the resident.
In a case that made its way to the BC Civil Resolution Tribunal, Zhikang Li, the tenant, sued Rita Milman, the homeowner’s mom, for assaulting him, claiming $5,000 in damages.
Li claimed that Milman threw scissors at him and struck him in his abdomen and groin while wielding the scissors.
Milman denied throwing the scissors; instead, she claimed that she dropped them from the balcony above and went down to retrieve them. She also claimed that it was Li who pushed her, so she pushed him back.
Milman was represented by OM, who is Milman’s daughter and the owner of the home.
- You might also like:
- BC resident accuses her strata of holding secret meetings to avoid scrutiny
- BC resident sues strata after her parking stall was rendered obsolete
- Vancouver juice bar punished for discriminating against Black teen worker
Li called the home involved his residence. The tribunal decision says that a March 1, 2021, tenancy agreement lists PS as the tenant and OM as the landlord. The tribunal inferred that this meant Li was PS’s roommate or romantic partner.
In December 2022, two eviction notices were issued to PS by OM because the number of occupants was unreasonable and utilities were unpaid, but PS disputed those notices.
“Whoa, that’s a pair of scissors, ma’am.”
The scissor incident occurred on December 30, 2022, around 11 am.
One thing that made this case easier for the tribunal was video footage, thanks to a camera at the rental unit pointed at the entrance.
The video begins at 10 am. The tribunal determined that Milman knocked on Li’s door and told him he was not allowed to be there. He told her to call the police, and she responded, “Okay, no problem.”
According to the tribunal, “intermittent banging” noises ensued. Li says that Milman caused the noise to target him.
Forty minutes later, Li wanted to take his dog for a walk. However, he couldn’t find his shoes. Upon checking the garbage bin outside, he determined that Milman had tossed his and his roommate’s shoes in the garbage. He took a photo and submitted it to the tribunal.
A little while later, Milman came downstairs.
Li’s roommate opened the door, and he was standing there calmly in the doorway with a hand in his pocket.
The tribunal decision says there was a noise, and Li said, “Whoa, that’s a pair of scissors, ma’am. That’s a pair of scissors.”
PS could also be heard saying, “You have scissors.”
According to the decision, the noise was from when Milman threw them, and they “hit the door threshold.”
Milman was quoted as saying, “Get out. Get out of here.”
Li responded, “Don’t touch me.”
Milman then struck the applicant with her hand. Li said, “Stop touching me,” and “Get back.”
Milman once again said, “Get out,” before striking Li four times in the abdomen and groin before he retreated into the home and closed the door.
“I find the respondent threw the scissors in frustration and with the intent to intimidate the applicant, which is consistent with her telling him repeatedly to get out and, earlier that day, that he was not allowed to be there,” the tribunal decision reads.
Ultimately, the tribunal sided with Li, awarding him $587.50 in damages and tribunal fees.
Follow Channels and Categories