Kelowna, B.C. strip club manager gets $90K after blinding 2019 sucker punch

A Kelowna, B.C., nightclub owner was awarded nearly $90,000 in damages this week for a 2019 sucker punch that left his vision forever damaged.

David Habib, a longtime fixture in the ownership of the Kelowna strip club Liquid Zoo, took one of the bar’s patrons to court for a late-night incident that ended in his injury. This week he emerged victorious, with a B.C. Supreme Court Justice opining, “Decisions have consequences. Bad decisions often have negative consequences. This case is a stark example of both propositions.”

Making those poor and ultimately costly decisions that night in 2019 was Brandon Daniel Wilson, who had gone to a club with his girlfriend’s daughter, a woman who had just turned 19. She’s identified only as E.C. within the decision from  B.C. Supreme Court Justice Briana Hardwick.

The young woman managed to get quite inebriated and while Wilson went to watch the show on offer at the club, she was left alone with three older men.

Her condition in that time was something that a waitress took note of and told  a bouncer, who then told Habib, who at that time was managing the club.

Habib, who ran for mayor in the last municipal election, went to speak with E.C. She was offered a bottle of water and was escorted from the club. Moments later, conflict arose. However, it was not her shoulders on which the blame was placed.

“(Wilson’s) conduct in leaving E.C. alone and his lack of concern about her being in the company of three older gentlemen, particularly given his knowledge of her young age and level of intoxication, is ultimately what led to the incident,” Hardwick said.

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In the trial, Habib acknowledged that he placed one hand on E.C.’s wrist and the other hand on her lower back to guide her out because she was unsteady on her feet.

E.C. was being cooperative but they approached the edge of the stage in the Zoo, she asked to stop and the Habib did so. He testified that he thought that E.C. was going to vomit.

She was not sick, however, and after a brief pause of less than 30 seconds they continued towards the exit of the Zoo in the same manner.

Moments later, Wilson told Hardwick he saw E.C. wince.

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“The concern for E.C.’s welfare was not so acute as to motivate the defendant immediately,” Hardwick said. “Instead, he took the time to put on his jacket and his hat before inserting himself into the situation.”

Within mere moments, and with his hat on, Wilson punched Habib on the left side of his face, without any words being exchanged.

Wilson admitted to the punch, though told the court it was done in self-defence, with Habib swinging first.  That was something whose validity Hardwick failed to see.

“Importantly, although it was a slow night at the establishment, there were other patrons present at the material time, as well as other staff members of the establishment,” Hardwick said.

“Not a single one of those patrons or staff members was subpoenaed by the defendant to corroborate his evidence that the plaintiff swung at him first.”

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Video surveillance video didn’t help his case either. While it wasn’t ideal quality, footage didn’t indicate that Habib had done anything like Wilson claimed.

Hardwick surmised that it was an “sucker punch” that sent Habib falling to the floor.

“The force of the blow from the defendant was such that it broke the former boxer’s eye glasses and a portion of the glass from the lenses, in layman’s terms, lacerated his eyeball,” Hardwick said.

“It also broke bones on the left side of his face.”

He was in need of emergency surgery and was in hospital for several days and in recovery for several more months.

Wilson was arrested at the scene and later charged criminally then later acquitted.  The civil suit followed the criminal matter.

Hardwick pointed out that there is a different standard of proof in civil cases compared to criminal proceedings and that Habib was tasked with making a case on the “balance of probabilities” and not on the criminal standard of “proof beyond a reasonable doubt.”

“I conclude that the injuries sustained by the plaintiff had a significant impact on him and that, despite his substantial recovery, their impact is ongoing,” Hardwick said.

“As noted, the plaintiff’s left eye is now, according to the expert evidence, only a ‘spare tire’. Further, while he remains active as a coach, he no longer spars and does not compete in boxing events.”

Wilson was ordered to pay Habib $89,375 in damages.