It may be one the largest-ever Canadian awards in a civil suit stemming from a road rage incident that left the victim so badly beaten he says he can barely hold a coffee cup with his left hand.
But whether or not the North Vancouver victim will see a penny is now being challenged in court.
The incident occurred after Ryan McCaffery cut Gerardo Arguello off while merging onto the Second Narrows Bridge in January of 2011.
In a ruling issued last Friday, the BC Supreme Court found Arguello followed McCaffery off the bridge, then stopped in front of him, causing a fender bender.
When the men got out of their cars and began arguing, it ruled Arguello grabbed a metal baseball bat and assaulted McCaffery.
McCaffery was seriously injured after being hit in the head, chest, arm, hand, and wrist.
Arguello was found guilty of criminal charges for the assault in 2012.
Now, in the civil suit resolved last week, he has also been ordered to pay McCaffery $820,000 in damages.
But in a new fraudulent conveyance lawsuit, McCaffery’s lawyer Robert King claims Arguello is moving his assets around to avoid paying.
“He purported to have no assets. He and his wife did own a joint 50 per cent interest in a house in Vancouver, it appears as though they transferred that joint interest in May of 2015.”
The suit also alleges Arguello’s wife bought another home in Surrey later that year with other relatives, but that the defendant has told the court he has no money and can’t even afford court fees.
The suit is seeking to recover the damages awarded to McCaffery through the Fraudulent Conveyances Act.
“The idea is that if you transfer away property that you own with the attempt to defeat, hinder or delay your creditor — and if so proven, that transfer can be set aside by the court for the benefit of the creditor.”
CKNW has attempted to reach Arguello for comment.
None of the allegations has been proven in court.
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