Djdkdkdkdkdkd wrote:
I wouldn't classify that as an assault (maybe a hard unexpected shove, in law terms technically is assault though, I'm not sure), it's not like the guy sucker punched him or threw him to the ground violently or Anything like that which could potentially have long term consequences. Also funny how this video decides not to show the audio of the loud deadlifter lifting, but does show the audio of the confrontation. If someone was randomly screaming it could definitely affect others concentrating in mid workout, not to mention it being very annoying. IMO the screamer is at fault and should be less annoying and I'm sure most gym members would agree if they went to the same gym. I bet a lot of SJWs will defend the screaming dead lifter though.
Not sure about Canadian law, but this is actually battery in the US (See definitions below).
So how did the gym management handle this?
An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal or civil liability. Generally, the common law definition is the same in criminal and Tort Law. There is, however, an additional Criminal Law category of assault consisting of an attempted but unsuccessful Battery.
https://legal-dictionary.thefreedictionary.com/assaultBattery
Battery is concerned with the right to have one's body left alone by others.
Battery is both a tort and a crime. Its essential element, harmful or offensive contact, is the same in both areas of the law. The main distinction between the two categories lies in the penalty imposed. A defendant sued for a tort is civilly liable to the plaintiff for damages. The punishment for criminal battery is a fine, imprisonment, or both. Usually battery is prosecuted as a crime only in cases involving serious harm to the victim.
Elements
The following elements must be proven to establish a case for battery: (1) an act by a defendant; (2) an intent to cause harmful or offensive contact on the part of the defendant; and (3) harmful or offensive contact to the plaintiff.
The Act The act must result in one of two forms of contact. Causing any physical harm or injury to the victim—such as a cut, a burn, or a bullet wound—could constitute battery, but actual injury is not required. Even though there is no apparent bruise following harmful contact, the defendant can still be guilty of battery; occurrence of a physical illness subsequent to the contact may also be actionable. The second type of contact that may constitute battery causes no actual physical harm but is, instead, offensive or insulting to the victim. Examples include spitting in someone's face or offensively touching someone against his or her will.
Touching the person of someone is defined as including not only contacts with the body, but also with anything closely connected with the body, such as clothing or an item carried in the person's hand. For example, a battery may be committed by intentionally knocking a hat off someone's head or knocking a glass out of some-one's hand.
Intent Although the contact must be intended, there is no requirement that the defendant intend to harm or injure the victim. In Tort Law, the intent must be either specific intent—the contact was specifically intended—or general intent—the defendant was substantially certain that the act would cause the contact. The intent element is satisfied in Criminal Law when the act is done with an intent to injure or with criminal negligence—failure to use care to avoid criminal consequences. The intent for criminal law is also present when the defendant's conduct is unlawful even though it does not amount to criminal negligence.
Intent is not negated if the aim of the contact was a joke. As with all torts, however, consent is a defense. Under certain circumstances consent to a battery is assumed. A person who walks in a crowded area impliedly consents to a degree of contact that is inevitable and reasonable. Consent may also be assumed if the parties had a prior relationship unless the victim gave the defendant a previous warning.
There is no requirement that the plaintiff be aware of a battery at the time it is committed. The gist of the action is the lack of consent to contact. It is no defense that the victim was sleeping or unconscious at the time.
Harmful or Offensive Conduct It is not necessary for the defendant's wrongful act to result in direct contact with the victim. It is sufficient if the act sets in motion a force that results in the contact. A defendant who whipped a horse on which a plaintiff was riding, causing the plaintiff to fall and be injured, was found guilty of battery. Provided all other elements of the offense are present, the offense may also be committed by causing the victim to harm himself. A defendant who fails to act when he or she has a duty to do so is guilty—as where a nurse fails to warn a blind patient that he is headed toward an open window, causing him to fall and injure himself.