Is battery actionable without proof of damage?
British Columbia, Canada
The following excerpt is from Provencher v. St. Paul’s Hospital, 2015 BCSC 916 (CanLII):
In Norberg v. Wynrib, 1992 CanLII 65 (SCC), [1992] 2 S.C.R. 226 at 263, La Forest J. clarified that battery is actionable without proof of damage. He stated that aggravated damages may be awarded if the battery has occurred in humiliating or undignified circumstances, but they are not in addition to general damages. In other words, general damages are to be assessed by “taking into account any aggravating features of the case and to that extent increasing the amount awarded”.
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