“This is not the first lawsuit in Canada for injuries sustained during a hockey game,” Justice Sally Gomery wrote. “Courts have moved from requiring evidence of intent to harm to applying the general rules of negligence, adapting them to the context of a sport where some risk of injury is inevitable.”
The key issue was whether MacIsaac was liable for the injuries, and whether Casterton himself had done anything to contribute to his misfortune. “A person injured during a hockey game does not need to prove either an intent to injure or reckless disregard,” Gomery said. “The injured player must simply show that the injury was caused by conduct that fell outside of what a reasonable competitor would expect in the circumstances.”
After sorting through the testimony - some of which she rejected outright as unreliable - Gomery decided that MacIsaac, a defenceman, had deliberately skated toward Casterton at high speed and at an angle where the forward could not see him. MacIsaac further positioned himself to maximize bodily contact with an unprepared Casterton, she found
Does one's own home insurance pay for this award ? Just wondering.
Lawyers..... and money
Joke
Ok so what about my head injury that i sustained and was knocked out for a few minutes on ice, does that mean i get money too? I was a trooper back then
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