NHL Player's Wage Loss Claim Not "Too Complex" For a Jury

Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, addressing whether a Jury was capable of determining an NHL player’s wage loss claim in a personal injury lawsuit.
In today’s case (Franson v. Caldarella) the Plaintiff, Cody Franson, was injured a in 2008 collision.  At the time he “was in the second year of a three-year Entry Level two-way contract with the National Hockey League (NHL) and the American Hockey League (AHL), and was in training camp preparing for tryouts for the Nashville Predators.”
The lawsuit claimed that the collision related injuries delayed his entry into the NHL by one year.  He claimed damages for loss of opportunity for this year and further alleged that his subsequent NHL contracts would have been more favorable had the delay not occurred.  The Plaintiff brought an application to strike the Defendant’s jury notice arguing that the intricacies of NHL contract negotiations are too complex for a jury.  Madam Justice Fisher disagreed and dismissed the Plaintiff’s application.  In doing so the Court provided the following reasons:
[21]         The essence of the plaintiff’s position is that issues (2) and (3) will require answers to questions which rely on complex technical evidence. The main questions as I understand them are:
(a) What were the chances that the plaintiff would have played any games for Nashville in the 2008-2009 season?
(b) If his chances were good, how many games would he have played?
(c) If he had played a certain number of games in that season, would he have been able to negotiate more favourable terms in his contract in subsequent years as a Restricted Free Agent?..
[26]         The plaintiff submitted that the trier of fact will be required to understand the methodology, assess it, and determine which statistics and methodology is appropriate in order to calculate these damages. I do not disagree that the trier of fact will have to understand the methodology used by Mr. Gurney but I question whether it will be necessary to determine another appropriate methodology and apply that. These kinds of hypothetical damages in circumstances of uncertainty are not normally assessed by way of a mathematical calculation. The expert evidence is presented as a tool to assist the trier of fact in its assessment. In my view, a jury will be capable of understanding Mr. Gurney’s methodology when it is properly explained and it will also be capable of assessing the criticisms of that methodology by Prof. Weiler.
[27]         It is my view that a jury is capable of assessing this kind of evidence and determining the issues arising from it, including the use of hypotheticals and contingencies, with proper direction.
[28]         Moreover, this will not be in inordinately long trial, set for up to 14 days, a time estimate that is reasonable given the number of witnesses and issues to be addressed. In my opinion, a jury will be able to understand the evidence and retain that understanding for the length of the trial.
[29]         For all of these reasons, the plaintiff’s application is dismissed.
 

bc injury law, Franson v. Caldarella, jury strike applications, Madam Justice Fisher, Rule 12, Rule 12-6, Rule 12-6(5)

Comments (46)

  • I simply want to say I am newbie to blogging and site-building and actually liked your web blog. Most likely I’m want to bookmark your website . You really come with outstanding posts. Bless you for sharing your web site.

  • It is perfect time to make some plans for the future and it is time to be happy. I have read this post and if I could I wish to suggest you some interesting things or tips. Maybe you could write next articles referring to this article. I wish to read more things about it!

  • Thanks a lot for providing individuals with remarkably breathtaking possiblity to discover important secrets from here. It is usually so amazing plus full of fun for me personally and my office colleagues to search your blog more than 3 times every week to learn the latest issues you have. And indeed, I’m also actually happy concerning the attractive inspiring ideas you serve. Selected 2 ideas in this post are easily the most efficient we have had.

  • I am often to blogging and i really respect your content. The article has actually peaks my interest. I am going to bookmark your web site and preserve checking for new information.

  • Excellent weblog here! Additionally your site a lot up fast! What host are you the usage of? Can I am getting your affiliate hyperlink for your host? I wish my web site loaded up as fast as yours lol

  • I got what you intend, thankyou for putting up.Woh I am glad to find this website through google. “It is a very hard undertaking to seek to please everybody.” by Publilius Syrus.

  • Great beat ! I wish to apprentice while you amend your site, how can i subscribe for a blog web site? The account helped me a acceptable deal. I had been a little bit acquainted of this your broadcast offered bright clear concept

  • Hi there, You have done an excellent job. I will definitely digg it and personally recommend to my friends. I am sure they will be benefited from this site.

  • Wow! This could be one particular of the most beneficial blogs We have ever arrive across on this subject. Actually Magnificent. I am also a specialist in this topic therefore I can understand your effort.

  • Wow, amazing blog layout! How long have you been blogging for? you made blogging look easy. The overall look of your website is great, let alone the content!

  • I haven’t checked in here for some time because I thought it was getting boring, but the last several posts are great quality so I guess I’ll add you back to my everyday bloglist. You deserve it my friend 🙂

  • Hey! This is my first visit to your blog! We are a team of volunteers and starting a new project in a community in the same niche. Your blog provided us beneficial information to work on. You have done a outstanding job!

  • I needed to draft you that very small remark to thank you very much once again relating to the spectacular suggestions you have contributed at this time. It was really unbelievably generous with you to give extensively all that most people could have marketed for an ebook in making some profit on their own, and in particular given that you might well have tried it in case you decided. These strategies as well acted like the fantastic way to recognize that the rest have the identical interest just as my very own to know the truth lots more concerning this problem. I believe there are millions of more pleasurable times up front for individuals that see your blog.

  • This is very interesting, You are a very skilled blogger. I have joined your rss feed and look forward to seeking more of your wonderful post. Also, I have shared your website in my social networks!

  • One more thing to say is that an online business administration program is designed for students to be able to without problems proceed to bachelors degree education. The 90 credit education meets the other bachelor college degree requirements and when you earn your own associate of arts in BA online, you may have access to the most recent technologies within this field. Some reasons why students want to be able to get their associate degree in business is because they are interested in the field and want to get the general schooling necessary in advance of jumping in to a bachelor education program. Many thanks for the tips you actually provide in your blog.

  • When I initially commented I clicked the -Notify me when new feedback are added- checkbox and now each time a remark is added I get four emails with the identical comment. Is there any way you can take away me from that service? Thanks!

  • Someone essentially help to make seriously articles I would state. This is the first time I frequented your web page and thus far? I amazed with the research you made to make this particular publish amazing. Wonderful job!

  • you’re truly a excellent webmaster. The website loading velocity is incredible. It seems that you are doing any unique trick. Furthermore, The contents are masterwork. you’ve done a wonderful process on this matter!

  • Does your site have a contact page? I’m having a tough time locating it but, I’d like to send you an e-mail. I’ve got some suggestions for your blog you might be interested in hearing. Either way, great site and I look forward to seeing it improve over time.

  • Youre so cool! I dont suppose Ive read anything like this before. So nice to search out someone with some unique thoughts on this subject. realy thank you for beginning this up. this website is something that’s wanted on the internet, somebody with slightly originality. helpful job for bringing something new to the internet!

  • One thing I’d really like to touch upon is that weight loss program fast can be carried out by the right diet and exercise. People’s size not merely affects the look, but also the actual quality of life. Self-esteem, melancholy, health risks, along with physical capabilities are disturbed in extra weight. It is possible to make everything right and still gain. In such a circumstance, a problem may be the perpetrator. While too much food but not enough body exercise are usually to blame, common health conditions and popular prescriptions may greatly amplify size. Kudos for your post in this article.

  • Great work! This is the type of info that should be shared around the net. Shame on the search engines for not positioning this post higher! Come on over and visit my site . Thanks =)

  • I do agree with all of the concepts you’ve presented in your post. They’re really convincing and can definitely work. Nonetheless, the posts are too short for novices. May you please extend them a little from next time? Thank you for the post.

  • Hello there! I could have sworn I’ve been to this site before but after browsing through some of the post I realized it’s new to me. Nonetheless, I’m definitely happy I found it and I’ll be book-marking and checking back often!

  • It is actually a great and helpful piece of information. I am glad that you shared this useful information with us. Please stay us up to date like this. Thank you for sharing.

  • Helpful info. Fortunate me I found your website unintentionally, and I’m stunned why this accident did not took place in advance! I bookmarked it.

  • Hey very nice website!! Man .. Excellent .. Amazing .. I will bookmark your website and take the feeds also…I’m happy to find numerous useful information here in the post, we need work out more techniques in this regard, thanks for sharing. . . . . .

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer