Law360 Canada ( December 20, 2023, 6:47 AM EST) -- Claim by Plaintiff for damages against Defendant for personal injuries sustained due to assault and counterclaim by Defendant for falsely accusing him of physical assault. The parties were siblings. A dispute arose between the parties in their father’s presence involving a loan document which the Plaintiff refused to show to the Defendant. The Plaintiff alleged that the Defendant physically hit her to get the document. The Defendant denied the allegations and claimed that he merely grabbed the document from the Plaintiff’s hand tearing a piece and then grabbed the remaining piece in the Plaintiff’s hand, creating a tug-of-war type action between the parties until the paper tore and the Defendant obtained the other piece. Although framed as an assault in her pleadings, the Plaintiff’s claim alleged the tort of battery. Meanwhile, the counterclaim alleged the torts of malicious prosecution, intentional infliction of mental suffering and assault....