(THE CANADIAN PRESS/Peter Power)

(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

Surrey Council Chambers. (File photo)
Surrey council approves $420,570 in grants for local arts, culture groups

This happened at Monday night’s council meeting, to cover 2021

Surrey native Dylan Kinley, shown here with the Douglas College Royals, has signed with the UFV Cascades. (Douglas Royals photo)
UFV Cascades sign Surrey native Dylan Kinley

Tweedsmuir grad, Douglas Royals star joins Abbotsford-based team for 2021-22

Surrey City Hall. (File photo)
OUR VIEW: Surrey’s public hearings are for being heard

Surrey public hearings of late have been devolving into something less than intended

Surrey-raised actor Michael Coleman in some of the roles he’s played since the mid-1990s. (submitted photo)
Chat with Robin Williams helped send Surrey’s Coleman into world of acting

‘For me, it was a game-changer,’ says co-founder of Story Institute acting school

Friends and family of Paul Prestbakmo (from left: Barbara Calder, Leah Charles, Jimmy Slater, Angela Prestbakmo and Liz Prestbakmo) gather outside Surrey Provincial Court on Tuesday (Jan. 26, 2021). (Tracy Holmes photo)
South Surrey murder victim stabbed 42 times: pathologist

RCMP digital-evidence specialist also among witnesses

British Columbia Health Minister Adrian Dix looks on as Provincial Health Officer Dr. Bonnie Henry addresses the media during a news conference at the BC Centre of Disease Control in Vancouver B.C, Tuesday (THE CANADIAN PRESS/Jonathan Hayward)
B.C. announces 485 new COVID-19 cases, fewest deaths in months

‘The actions we take may seem small, but will have a big impact to stop the virus,” urges Dr. Henry

B.C. Premier John Horgan speaks at B.C. legislature on the province’s mass vaccination plan for COVID-19, Jan. 22, 2021. (B.C. government)
COVID-19 quarantine not an option for B.C., John Horgan says

Apres-ski parties increase risk, not interprovincial travel

Worker at Swartz Bay terminal on Monday, January 20, 2020. (THE CANADIAN PRESS/Chad Hipolito)
Former BC Ferries employee alleges he was fired because of his race

Imraan Goondiwala has been granted a BC Human Rights Tribunal hearing

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Some of the fake gold sold by con artists in B.C. RCMP said there have been reports of the scam in Richmond, Coquitlam, Burnaby, Langley and New Westminster from Jan. 17 through Jan. 22 (RCMP)
‘Dubai gold’ scam is back in the Lower Mainland

If someone offers to sell gold jewelry at a bargain, it’s probably fake, police warn

Rodney and Ekaterina Baker have been ticketed and charged under the Yukon’s Civil Emergency Measures Act for breaking isolation requirements in order to sneak into a vaccine clinic and receive Moderna vaccine doses in Beaver Creek. (Facebook/Submitted)
B.C. couple who travelled to Yukon for COVID vaccine ineligible for 2nd dose until summer

Health officials planning new measures to ensure people verify where they live before inoculation

(File)
Mask dispute in court leaves Vancouver cop with broken leg

Man allegedly refused to put on a mask and resisted arrest

(Kraft Dinner/Twitter)
Kraft Dinner launches candy-flavoured mac and cheese just in time for Valentine’s Day

Sweet and cheesy treat will be here just in time for the cheesiest holiday of the year

Most Read