Hiiraan Online

By Thia James

The windows at the Crazy Cactus, covered in paper, on Feb. 27, 2023. PHOTO BY MATT SMITH /Saskatoon StarPhoenix

The family of a 23-year-old woman who died after an altercation at a Saskatoon nightclub has filed a lawsuit against the woman accused in her death, the club’s owners and a man who is alleged to have filmed and uploaded video of the incident to social media.

Members of Hodan Hashi’s family and her estate filed a statement of claim in Saskatoon Court of King’s Bench on Feb. 3. It contains allegations which have not been tested in court.

The suit seeks damages from Paige Theriault-Fisher, a 22-year-old Saskatoon woman charged with manslaughter, and also CYFJ Holdings, which owns the Crazy Cactus Restaurant and Lounge and LIT Nightclub. It also names a holding company whose directors include the owners of CYFJ Holdings, as well as a John Doe owner/operator of event planner Pressure Entertainment, and a man identified as the event’s DJ.

The claim seeks an undefined amount in excess of $1 million from Theriault-Fisher and the businesses.

Notably, the family is also seeking $100,000 from a man identified as a patron who filmed the altercation and posted the video online.

As of March 1, no statements of defence were on file.

Saskatoon lawyer Nicholas Stooshinoff, who represents the Hashi family, said they have been devastated by the loss and struggled to understand how something like this could happen.

“The family needs to have answers and because of the rather disturbing manner in which the death was caused, it is appropriate to look to some way to get answers and to receive compensation,” Stooshinoff said.

He referenced the $29.5 million U.S. settlement reached recently by Los Angeles County with late NBA superstar Kobe Bryant’s widow after first responders shared graphic photos of the scene of the 2020 helicopter crash in which Bryant, 13-year-old daughter Gianna and seven others died.

Stooshinoff noted laws are different in Canada than the United States, but said the loss and devastation to the family and the shock of having the death of their loved one broadcast across social media is the same.

“At some point in time, society has to understand that there are limits to what can be tolerated in a just, caring and civil society, and what happened to this young person and the way she was abused after death is monstrous,” he said.

The claim alleges that “in an effort to obtain social media notoriety or quasi-fame,” the man — after recording the altercation — posted the footage online even though he knew or ought to have known Hashi had died.

The claim called his actions “abhorrent, contemptible, flagrant, outrageous, and lacking in decency.”

Hashi died in the early morning hours of Nov. 5, 2022 at LIT Nightclub in Saskatoon’s downtown, which shares the same building and ownership as the Crazy Cactus. Videos of a violent altercation spread quickly over social media.

According to the claim, during the event “an altercation occurred between Paige and Hodan wherein Paige intentionally and violently assaulted Hodan, repeatedly striking Hodan with her fists and/or a glass object and knocking or forcing (Hodan) to the ground.”

The claim said Hashi “suffered substantial and ultimately lethal injuries including but not limited to lacerations to the face and neck causing her to suffer blood loss and death.”

The claim alleges the DJ observed the altercation and “wrongfully and negligently encouraged and fostered a continuation of the assault and escalation of the violence that was being perpetrated upon the deceased Hodan.”

The claim further alleges the venue didn’t provide adequate security, staffing or adequately trained staff or hadn’t taken steps to remove weapons from patrons or hazards from the floor that it knew or ought to have known existed.

Theriault-Fisher was released on $5,000 cash bail in November. Police had initially announced she would face a second-degree murder charge, but later announced she would face the lesser charge of manslaughter.

Theriault-Fisher’s lawyer, Sharon Fox, on Thursday said they’ve received a copy of the statement of claim and have reviewed it.

“Ms. Theriault-Fisher vehemently denies the assertions set out in the statement of claim – specifically that she assaulted the deceased. We have been instructed to vigorously defend this ill-conceived legal action and stand by our previous comments that Ms. Theriault-Fisher’s actions were justifiable at law as self-defense. We will be making no further comments until the matter before the court are resolved.”

Attempts to reach the other defendants for comment were unsuccessful.

The Facebook and Instagram profile pages for the Crazy Cactus have been taken down and the club’s windows are now covered with paper.