Can a plaintiff be found at fault under s. 1.1(2) of the Criminal Code for assault and battery?
British Columbia, Canada
The following excerpt is from Pacheco v. Degife, 2014 BCSC 1570 (CanLII):
“Fault” as used in this section has been interpreted to apply not only to negligence actions but also to intentional torts like battery (Valerio v. Silveira, 2011 BCSC 1055 at para. 207). Thus, where a plaintiff provokes an assault or battery by reasons of his or her own conduct, the plaintiff may be found at fault, leading to an apportionment of liability under s. 1.
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