H.T.S. Crest Holy Trinity School

OAC Law
Case



Gambriell v. Caparelli (1974)
Ontario County Court
54 D.L.R. (3d) 661

Facts:

One July day, Fred Caparelli, the 21-year-old son of the defendant, was getting a hose to wash his car when the 50-year-old plaintiff, Gambriell, accidentally backed his car into the rear of Caparelli's vehicle. A small dent in the bumper of Caparelli's car resulted. An argument developed between the two, and Caparelli threatened to call the police. When Gambriell started to get back in his car, Caparelli grabbed him. Gambriell then hit Caparelli in the face. Fighting broke out, with blows being exchanged between them.

Attracted by the shouting, Mrs. Caparelli, the 57-year-old defendant, saw her son fighting with their neighbour. Her son was on the ground, and Gambriell had his hands on his neck. Thinking that her son was being choked, she ran into her garden and got a metal three-pronged garden cultivator tool with a 1.5 m wooden handle. After yelling at the plaintiff to stop, she struck him three times on the shoulder and then on the head with the tool. As soon as Cambriell saw blood flowing from his head, he released the defendant's son. He was taken to the hospital, where he received nine stitches for lacerations.

Gambriell claimed damages in County Court.

Held:

The action was dismissed, because the court found Mrs. Caparelli's actions reasonable under the circumstances. In the decision, the judge observed, "Gambriell was the author of his own misfortune and ... even had 1 found for the plaintiff, 1 would not have awarded damages in excess of $1.00." Explain the meaning of this statement.

Issue:

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

Judicial Reasoning:

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________



Return to OAC Law main index