As a former hockey player- with even a brief stint in junior – every time I hear about an injury or death during a game, it grabs my attention. I was able to avoid serious injury while I played and, now that I look back, am quite fortunate for that. Some hockey players aren’t as lucky.
Many have probably heard about Adam Johnson, a former Pittsburgh Penguin who died after his throat was slit by an errant skate blade while playing for the Nottingham Panthers against the Sheffield Steelers in England. Mr. Johnson received emergency treatment on the ice but was pronounced dead at a nearby hospital. Very sad.
The other player, Matt Petgrave, is under investigation so we’ll wait to see if any criminal charges come from the incident.
When things like this happen and a player is injured or has died, the player and their families may consider seeking compensation. In some of those cases, they may be able to recover it.
The Courts in Canada (and specifically Ontario) have dealt with similar cases in the past and a legal framework has been developed. The Court has said that although body contact is part of the game of hockey, acts of a more reckless behaviour are not. If the Court finds that a player’s conduct fell outside that of a reasonable competitor, and an injury occurred, a lawsuit could succeed. The Court has said that an injured player does not need to prove intent to injure or reckless disregard and therefore it doesn’t matter whether the aggressor meant to cause harm to their opponent.
I haven’t seen an indication as to whether Mr. Johnson’s family has brought a claim for compensation arising out of Mr. Johnson’s death, but I anticipate one will be forthcoming. The law in England with respect to these incidents is likely different to some extent but if we imagine this incident happening in Ontario, the family will only need to show that by allowing his skate to come up and cut Mr. Johnson’s neck, Mr. Petgrave’s conduct was outside what a reasonable player would have done. We’ll have to see what unfolds.
If you or someone you know has been involved in an injury following a recreational sporting event, speak to an experienced personal injury lawyer. You have rights as a victim and may even be entitled to financial compensation.
Play safe.
ABOUT THE AUTHOR
Casey Dorey is an associate lawyer at Bergeron Clifford LLP. He works primarily in Kingston but travels across Eastern Ontario.
Casey obtained his LL.B from the University of Leicester, United Kingdom, with First Class Honours. While in law school, Casey was a Moot Court champion and represented the school externally in London, England. He was also awarded the Canadian Spring Scholarship.
He has appeared before the Ontario Superior Court of Justice, Small Claims Court, Criminal Injuries Compensation Board, and the Social Security Tribunal.
