Three visiting justices in this week's sitting of the B.C./Yukon Court of Appeal in Whitehorse have reserved judgment on a case involving assault between a man and woman who were involved in a relationship at the time.

Norbert Kossler, who was not present in court Thursday, is attempting to overturn Yukon Supreme Court Justice Ron Veale's 2007 decision that Kossler pay more than $100,000 in damages for punching Lenora Minet in the face during an altercation in 2003.

Kossler, a business owner in Teslin, and Minet had been having an affair since 2002 when Minet showed up at Kossler's residence in June 2003.

Earlier that day, Minet had called Kossler's residence and made "extremely rude comments" to his wife, said Andre Roothman, Kossler's counsel.

When she arrived at the Kosslers' residence, said Roothman, Minet banged on the door and attacked Kossler when he answered it.

"(Minet) started the whole incident," he said. "She just kept on fighting with Mr. Kossler" despite his requests that she leave.

The altercation went so far that a neighbour tried to intervene, although he was unsuccessful in ending it, said Roothman.

Kossler's glasses were knocked from his face during the fight, Roothman added.

Kossler ended the altercation when he aimed and punched Minet in the face, court heard.

Roothman acknowledged that the consequences of the blow were "severe," but he asked the court to distinguish between the force Kossler used and the consequences of the force.

"The actual force was reasonable," he argued. Roothman said Kossler was acting in self-defence and that his previous attempts to end the argument had been "futile."

Roothman added that the punch was used as a last resort, due to the fact that Minet "continued (fighting) irrespective of all attempts to stop her.

"She was out of control. She was intoxicated. She was completely angry (and) unreasonable."

While Veale noted in his earlier decision that Kossler could have chosen to remain in his residence and call the RCMP, Roothman argued that Kossler hoped to appease Minet and could not have anticipated the event unfolding as it did.

David Huculak, counsel for Minet, was present in the courtroom via video conference.

"The defendant was able to gain control of the plaintiff," he pointed out, noting that Kossler himself has said he had no injuries as a result of the altercation and never felt that he was in any danger.

"The punch wasn't necessary," Huculak said.

In 2007, Veale ordered Kossler to pay $40,785 to the Alberta health care system and $61,500 to Minet for her injuries, which required surgery on her left cheekbone