The Vancouver injury claimant in this injury case(Kasendi v. Cecil Hotel Ltd, 2011 BCSC 53) was ejected from the exotic show lounge at the Cecil Hotel by its lounge security manager and other security staff. The claimant alleges that the ejection was without cause and in breach of the Cecil Hotel’s obligations to him and caused him serious personal injuries including a traumatic brain injury, loss of teeth, a fractured wrist, and injuries to both knees.
Cecil Hotel dispute that the ejection was in any way wrongful. They say the injury claimant wrongfully interfered with the efforts of the Cecil Hotel’s employees to remove another patron, the claimant’s friend and they say that they were entitled to remove the claimant because of the nature of his interference as well as his refusal to leave the hotel premises when directed to do so. In this somewhat bizarre case the Supreme Court in British Columbia found that given the finding that Cecil’s was entitled to require the claimant to leave the premises and that he refused to do so, in all the circumstances the security manager did not use more than reasonable force in responding to the claimant’s punch with one return punch to the claimant’s head.
As a result the judge found that the hotel security staff acted appropriately and reasonably in their dealings with the injury claimant who was the author of his own misfortune. The injury claimant’s lawsuit was dismissed by the court. Posted by Mr. Renn A. Holness