12/20/2021
On September 16, 2018, my client was attacked and assaulted by her husband in their home in front of their two young children. She sued him and we went to trial for 16 days - May 31 - June 11 and then June 28, 30, July 2 and July 5 - 7, 2021.
Madam Justice Fleming, who heard the trial said this about Mr. Pyper's very different version of events,
"[379] Ultimately, based on my assessment of Mr. Pyper’s testimony in the context of the evidence as a whole, I am firmly of the view that he was dishonest, calculating and cleverly manipulative. Given my assessment, I cannot safely rely on Mr. Pyper’s evidence unless it is undisputed or consistent with credible evidence that I do accept.
Madam Justice Fleming in discussing whether she should also award punitive damages, wrote:
[491] There is no question Mr. Pyper’s violence and in particular the dangerous, harmful blows to both sides of Ms. Schuetze’s head while he straddled her as she lay on the floor were egregious and offend the Court’s sense of decency. The question is, however, whether the compensatory damages I have awarded Ms. Schuetze are sufficient to accomplish the objectives of denunciation, deterrence and retribution. I am satisfied that the very significant damages awards I have made will serve to punish him and deter other wrongdoers.
Conclusion
[492] In conclusion, I find Mr. Pyper liable for the battery he committed against Ms. Schuetze on September 16, 2018.
She awarded Ms. Schuetze $795,029.68.
She will hear my submissions on costs in early February 2022.
Read the entire judgement at:
These reasons have been redacted for publication purposes to anonymize the names of the parties’ children and to redact other information related to their identities pursuant to an order made November 24, 2021.
