(THE CANADIAN PRESS/Peter Power)

Beer-league hockey player awarded $700,000 for body check that caused head injury

Ontario court rules in a March 2012 incident in which a 36-year-old hit his head on the ice

A beer league hockey player who suffered a head injury almost eight years ago should get more than $700,000 from the player who crashed into him, an Ontario court has ruled.

The case highlights the change in how courts treat hockey injuries, the judge said in her decision.

“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 case arose in March 2012, when Gordon MacIsaac body-checked Drew Casterton behind the net during the last minute of their recreational league game in Ottawa. Casterton hit his head on the ice.

MacIsaac said the collision was accidental after Casterton made a sudden turn. Casterton, 36, argued he was blindsided, and that he suffered life-altering injuries as a result.

The key issue was whether MacIsaac was liable for the injuries, and whether Casterton himself had done anything to contribute to his misfortune.

Gomery cited earlier cases in which judges have noted that hockey involves violent body contact as well as blows from pucks and sticks. As a result, players can’t be judged according to the rules of polite social discourse.

At the same time, she said, courts have also found that it’s not a matter of ‘anything goes’ when players step onto the ice.

“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.”

In dispute was what exactly happened in the runup to Casterton’s injuries during the game between his Pirates and Tiger Cats of the Ontario Senior Men’s Hockey League. Although a rec league, most players were former Carleton University students in their late 20s who were experienced and skilled players, court documents show.

Various witnesses gave conflicting testimony, not surprising given the length of time since the incident, their vantage points at the time, and team loyalties, the judge noted.

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.

The hit, Gomery concluded, was either deliberate or reckless. Regardless, she said, MacIsaac would be liable for Casterton’s injuries for failing to meet the standard of care applicable to a hockey player in the circumstances. The injured Casterton, she concluded, did nothing wrong or negligent.

RELATED: Former WHL captain sues Canadian hockey leagues over head trauma

“Every player who testified stated that a blindside hit to the face is, and was, outside the bounds of fair play,” Gomery said. “They have no place in recreational play, or in any hockey game.”

In all, Gomery awarded Casterton $702,551 for general damages and past and future loss of income.

Colin Perkel, The Canadian Press

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

White Rock nixes idea of liquor in Memorial Park

Council halts proposal to allow alcohol in waterfront picnic area

Surrey council rejects motion to speed up permit process

‘More than ever cash is tight for our businesses,’ Councillor Linda Annis said

South Surrey mom frustrated by city’s response after son, 10, has severe reaction to park grass 

City of Surrey parks manager says ‘potential steps’ to address concern under review

Surrey Mounties seeking witnesses to Saturday shooting

Police say the victim isn’t providing investigators with information

Emergency funding granted to eight Delta charities

The Delta Foundation handed out a total of $181,860 through Canada’s Emergency Community Support Fund

Recent surge in COVID-19 cases not unexpected amid Phase Three of reopening: B.C.’s top doc

Keep circles small, wear masks and be aware of symptoms, Dr. Bonnie Henry says

Police watchdog investigating after Abbotsford man seriously injured during arrest

Abbotsford police used ‘less lethal firearm’ and dog in arrest of man believed to have gun

NDP wants Lower Mainland MLA removed from BC Liberal caucus for alleged homophobia

BC Liberal leader, some MLAs apologize for Christian magazine ads but Laurie Throness doubles down

B.C. health officials pleased with likely extension of Canada-U.S. border closure

Health Minister Adrian Dix says the situation is ‘very serious in the United States’

‘Perfect storm’ led to bad year for mosquitos near Fraser River

High river levels and lots of rain meant many eggs hatched this year

Thousands of dollars of stolen rice traced to Langley warehouse

Police raid seizes $75,000 in ‘commercial scale’ theft case

Children suffer swollen eyes, burns while playing at Lower Mainland spray park

Mission RCMP are investigating incident that injured several children

B.C. NDP changing WorkSafeBC regulations to respond to COVID-19

Employers say reclassifying coronavirus could be ‘ruinous’

Baby raccoon rescued from 10-foot deep drainage pipe on Vancouver Island

‘Its cries were loud, pitiful and heartbreaking,’ Saanich animal control officer says

Most Read

l -->