A physical altercation between two former roommates ended in a B.C. Civil Resolution Tribunal dispute.
DM, the applicant in the case, said MT assaulted him during an argument. DM told the tribunal that he moved out of the rental unit after the incident.
DM sought $5,000 in damages for costs related to the assault. MT denied assaulting DM and said that DM moved out voluntarily before the end of the rental term. MT denied that DM was entitled to reimbursement.
According to the B.C. Civil Resolution Tribunal decision, the fight between the roommates began at 1 a.m. on June 24, 2023. The argument was over bikes that were being stored in the kitchen. DM attempted to move one of the bikes, and said MT then shoved him and told him not to touch his belongings.
DM attempted to move the bike again but was shoved to the window. DM states that MT then began punching him with elbow strikes to the back of the head. DM also alleges MT kicked him, knocking him down to a sitting position.
DM told the tribunal that he tried to get to his feet, but MT grabbed the hood of his jacket and rammed his face into the corner of a square table, leading to a cut above the eye. DM then claimed he ran MT into a wall next to a flight of stairs before reaching into his pocket to record the altercation. As he started recording, MT put DM into a headlock, releasing it once he realized he was being recorded.
The tribunal viewed the footage, which did show the blood around DM’s left eye. It also showed blood on the kitchen floor. The rest of the video shows the two parties discussing the incident, and the tribunal notes that you hear MT accuse DM of attacking him first.
MT denied DM’s version of events, stating that DM fell and tripped, hitting his head on a cabinet. A police report wasn’t submitted into evidence. MT also claimed that DM was intoxicated, but there was no evidence of that.
Because MT admitted to shoving DM, the tribunal found that he was liable for battery, and he was ordered to pay $500 in damages for pain and suffering. MT was also ordered to pay $375 in pecuniary damages. Including tribunal fees, MT was ordered to pay $994.02, including tribunal fees, within 30 days of the decision.