David Habib appears in this October 2022 photo.

(ROB MUNRO / iNFOnews.ca)

Former Kelowna mayoral candidate and strip club owner David Joseph Habib has been awarded $89,000 after he was punched in his own nightclub four years ago.

According to an April 14 Supreme Court of BC decision, the "sucker punch" left Habib needing emergency surgery on his left eye and now has long-lasting issues with his sight.

The decision says the altercation took place in June 2019 when Habib was escorting a highly intoxicated 19-year-old female out of his Liquid Zoo nightclub.

The teen, identified only as E.C. in the decision, had been out drinking on her 19th birthday with her mother's partner Brandon Daniel Wilson.

The two were separated in the club, and staff at the Liquid Zoo nightclub noticed the teen was incredibly drunk.

Staff had asked the teen who she was there with, but she replied she was on her own.

The 62-year-old strip club owner gave her a bottle of water and began leading the 19-year-old out of the club.

"(Wilson) then rapidly appeared on the scene. Within mere moments, he punched (Habib) on the left side of his face," the decision says.

Habib immediately hit the floor.

"The force of the blow... was such that it broke (Habib's) eyeglasses and a portion of the glass from the lenses, in layman’s terms, lacerated his eyeball. It also broke bones on the left side of his face," the decision reads.

Wilson was later charged with assault, although was later acquitted.

Habib, who won a gold medal for his age division at the Boxing World Championships in 2018, then took civil action against Wilson.

Habib is well known in Kelowna and ran to be mayor in 2022 but came in third place with 1,533 votes.

READ MORE: 'No brainer' decisions paying off for businesses catering to Okanagan Rail Trail

Supreme Court Justice Briana Hardwick pointed out that there is a different standard of proof in civil cases compared to criminal proceedings and that Habib must prove on the "balance of probabilities" and not on the criminal standard of "proof beyond a reasonable doubt."

Wilson didn't deny punching Habib but says he did it in self-defence after Habib took a swing at him.

However, Justice Hardwick didn't buy it.

The Justice said that Wilson says he saw the teen "wince" while being escorted out but didn't immediately move.

He instead put on his jacket and his hat before approaching Habib and punching him in the face.

The Justice said it's important to note that it was a quiet night in the club and there were others present at the time but that Wilson had not bothered to subpoena anyone to court to corroborate his evidence that Habib swung first.

There is also grainy black-and-white video footage of the event that lasts for 11 seconds.

"Despite its poor quality, there is nothing in it which supports (Wilson's) claim that (Habib) attempted to strike him first," the Justice said.

READ MORE: Kamloops man dealing with chronic pain from accident after ICBC cut him off

The decision says after the punch Liquid Zoo head of security Jonathan Bruce put Wilson in handcuffs and called the RCMP.

While Justice Hardwick sided with Habib she pointed out that it is "very suspect" that there is no video of what took place after the punch.

"I conclude that there was a specific intent to limit the video of the incident in this regard so as to not provide video footage of the ensuing struggle between the defendant and Mr. Bruce," the Justice said.

The decision says Habib was supposed to hand over video footage to the RCMP but didn't and then the footage was automatically erased after some time.

"I conclude that this footage was intentionally not provided to the RCMP despite being available before its destruction," the Justice said.

Habib was left with permanent damage to his left eye.

Ultimately, the Justice ordered Wilson to pay Habib $89,375 in damages.

READ MORE: UPDATE: Two men from Lower Mainland charged in 2021 Naramata murder

"Decisions have consequences. Bad decisions often have negative consequences. This case is a stark example of both propositions," the Justice said.

To contact a reporter for this story, email Ben Bulmer or call (250) 309-5230 or email the editor. You can also submit photos, videos or news tips to the newsroom and be entered to win a monthly prize draw.

We welcome your comments and opinions on our stories but play nice. We won't censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam or obviously fake profiles. If you have any concerns about what you see in comments, email the editor in the link above. 

News from © iNFOnews, 2023