Nelson v Tregear BCSC: Awards $1M Damages for Violent Shooting

• The British Columbia Supreme Court awarded a married couple over $1 million in damages in the case of Nelson v Tregear, 2026 BCSC 1553.
• The defendant was found liable for shooting the husband and causing severe physical and psychological injuries to both spouses.
• The wife was specifically awarded damages for intentional infliction of mental suffering after witnessing the shooting.
• The court criticized the defendant's denial of civil liability despite a prior criminal conviction and seven-year prison sentence for the incident.
• An additional $64,064.91 was ordered to be paid to the province under the BC Health Care Costs Recovery Act for medical expenses.

The explicit finding of intentional infliction of mental suffering BC for the wife, who was a witness to the violent act against her spouse, underscores the court's recognition of severe psychological harm in such circumstances.

The British Columbia Supreme Court has ordered a defendant to pay a total of $1,046,286 in damages to a married couple following a violent incident that left the husband with severe injuries and caused the wife to suffer significant mental distress. The landmark decision, known as Nelson v Tregear, 2026 BCSC 1553, stems from a May 7, 2022, event where the defendant trespassed onto the plaintiffs' Sooke, BC, residence and shot the husband.

The incident unfolded when the defendant, who resided in an adjacent property, fired a .22 calibre rifle into the plaintiff husband's abdomen from point-blank range. The plaintiff wife was present and witnessed the traumatic event. Despite sustaining grave injuries, including a bullet remaining lodged in his body, the husband managed to disarm the assailant during an ensuing altercation.

Prior to the civil proceedings, the defendant was convicted of criminal offences related to the shooting in August 2025 and sentenced to seven years' imprisonment. During the subsequent civil trial, the defendant acknowledged that the husband had been shot but controversially denied proof that he was the shooter. In his closing submissions, he even suggested that responsibility should be shared, a stance the court later criticized.

Justice J.K. Gibson of the BC Supreme Court found the defendant liable for multiple torts against both plaintiffs. For the plaintiff husband, the court established liability for assault, battery, and negligence, attributing chronic pain, depression, anxiety, PTSD, sleep disturbance, sexual dysfunction, loss of enjoyment of life, and an inability to work to the shooting. His total damages were fixed at $767,100, which included $250,000 for non-pecuniary damages, $150,000 for past loss of income, $300,000 for future loss of income, $60,000 for the cost of future care, and $7,100 for special damages.

The plaintiff wife was awarded $279,186 in damages, with the court finding the defendant liable for negligence and the intentional infliction of mental suffering. Her injuries, directly attributed to witnessing the shooting, encompassed PTSD, depression, anxiety, sleep disturbance, loss of enjoyment of life, an inability to work, fear of being alone, hypervigilance, nightmares, flashbacks, and difficulties with intimacy, though she could resume many typical activities. Her award comprised $125,000 for non-pecuniary damages, $20,000 for past loss of income, $100,000 for future loss of income, $30,000 for the cost of future care, and $4,186 for special damages. The court confirmed that both spouses successfully proved causation for their respective injuries.

In addition to the damages awarded to the plaintiffs, the BC Supreme Court ordered the defendant to pay $64,064.91 to His Majesty the King in right of the province of British Columbia under the BC Health Care Costs Recovery Act, 2008. This sum covered $63,955.01 for the husband's healthcare services and $109.90 for the wife's. An earlier order on October 28, 2025, had dismissed the plaintiffs' claims against the defendant's common-law partner.

The Nelson v Tregear BCSC $1M damages award sets a significant precedent for the quantum of damages in British Columbia, particularly in cases involving intentional torts. The explicit finding of intentional infliction of mental suffering BC for the wife, who was a witness to the violent act against her spouse, underscores the court's recognition of severe psychological harm in such circumstances. This aspect of the ruling provides important guidance for future personal injury damages British Columbia claims.

The court's strong condemnation of the defendant's conduct during the civil trial also carries substantial weight. Justice Gibson noted that the defendant's refusal to admit civil liability, despite his criminal conviction, demonstrated "exceptionally poor insight and a callous disregard" for the spouses' suffering and constituted an abuse of process. This judicial assessment highlights the potential negative impact on defendants who deny civil liability after being found guilty in criminal proceedings, influencing litigation strategy and settlement discussions for assault battery negligence damages Canada.

This ruling establishes a significant precedent for the quantum of damages awarded in cases involving intentional torts, including intentional infliction of mental suffering on a spouse who witnesses a violent act. It also highlights the court's negative assessment of defendants who deny civil liability despite criminal convictions, which can influence litigation strategy and settlement discussions for personal injury and tort lawyers in British Columbia.

Source: Original reporting via Canadian Legal Newswire