Not quite an eye for an eye — judge rules that employee’s ‘kick in the butt’ excuses co-worker’s punch in the mouth
By Andy Pushalik
Does a ‘kick in the butt’ excuse a punch in the mouth? That was the question facing the court in the recent case of Li v Furguson 2013 CanLII 91746 (Ont. Sm. Cl. Ct.).
Peng Li and Winston Furguson worked in the shipping and receiving department of a furniture company. Li and Furguson’s co-existence was initially uneventful; however, their relationship had begun to disintegrate following allegations by Li that Furguson was stealing from the company.
On 19 April 2011, things between Li and Furguson reached a boiling point. After searching for Furguson throughout the warehouse, Li finally found his target and confronted him. What happened next was a source of disagreement between the parties, although the judge adopted the following facts. Li began speaking very closely to Furguson, so close that spit was transferred to Furguson’s face, albeit unintentionally. As Furguson tried to break free, Li kicked Furguson in the ‘butt’ with his steel-toe boots. Furguson then wheeled and punched Li twice — one blow was inconsequential; the other was not as it resulted in Li incurring more than $7,000 in costs for restorative dental services…
Click on the link below to read the rest of the Dentons briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from The Lawyer
Analysis from The Lawyer
So last week it emerged that Dentons, already the biggest law firm in the world, is currently in merger negotiations with 21 firms around the globe.
Life in Canada is getting harder for firms as commodities prices fall and work volumes slow