Soccer Coach Sued For Allegations of Injury After Not Following Concussion Protocols

Interesting reasons for judgement were recently published by the Supreme Court of Nova Scotia allowing a lawsuit to continue against a youth soccer coach based on allegations that she made a concussion worse by allowing an athlete to continue playing contrary to concussion protocols.

In the recent case (Rutt v. Meade) the Plaintiff was injured in a vehicle collision and sued for damages.  The alleged injuries included a concussion.

A few weeks after the crash the Plaintiff  played in a national soccer tournament for her club.

The Defendants in the car crash lawsuit brought a third party action against the soccer club and the coach arguing it was negligent to allow the Plaintiff to play soccer while she was still dealing with concussive injuries from the crash and that participation in sport was contrary to the established concussion protocols and this added to her prolonged injury.   The coach and club asked to be let out of the lawsuit arguing they could not be responsible for the concussion which was caused by the car crash.

In denying the application and allowing the third party claim to continue the Court noted that depending on how the facts play out a coach could be found legally liable in such circumstances.  In allowing the claim to proceed  Justice Gail L. Gatchalian provided the following reasons:

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Ontario Court Creates The “Tort of Family Violence”

Late last year a BC Supreme Court decision illustrated the fact that civil consequences for domestic violence can sometimes greatly outweigh even criminal consequences in a case where over $800,000 in damages were ordered to be paid.

This month the judiciary in Ontario blazed new legal ground by creating the tort of “family violence”.

In the recent case (Ahluwalia v. Ahluwalia)  the parties were involved in divorce proceedings following a violent marriage.  Over and above  the typical payments for spousal support the Court created the tort of ‘family violence’ and ordered $150,000 in damages to be paid for this wrong.  In creating this new tort the Court provided the following reasons:

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ICBC Policy of Ignoring Friends and Family Witnesses Rejected by Civil Resolution Tribunal

ICBC has a terrible habit of ignoring evidence from friends and family members of crash victims.  If you are involved in a crash ICBC may tell you that your passengers (and any other friends and family members) that witnessed the crash are not true witnesses because of their relationship to you.

This is dead wrong.  Today we received reasons for judgement from the BC Civil Resolution Tribunal confirming this policy is nonsense.

Today’s case dealt with fault following a crash.  The parties gave differing accounts of how the crash happened. Worse than that the Respondent motorist asked the claimant to lie when reporting how the crash happened to ICBC to keep the Respondent out of trouble.  Despite this and despite an independent witness confirming the crash happened as the Claimant reported ICBC refused to find the Respondent fully at fault finding the witness was friends with the respondent therefore his evidence was of no value.  In rejecting this position as legal nonsense the BC Civil Resolution Tribunal published the following useful reasons that British Columbians should keep handy if faced with ICBC’s wrong policy:

ICBC argues that no weight should be placed on AW’s evidence because of his friendship with (the claimant).  This submission apparently reflects a common ICBC practice to refuse to consider evidence from a party’s family or friends.  This does not reflect the law of evidence or the CRT’s practice which routinely weighs evidence from witnesses with relationships to a party

The CRT went on to find the witness was reliable, that the Respondent was not, and overturned ICBC’s decision and found the Respondent fully at fault for the crash.

 

Nearly $800,000 In Damages Assessed Following Domestic Violence Leading To Physical And Psychological Injuries

Reasons for judgement were recently published by the BC Supreme Court, Vancouver Registry, demonstrating that civil litigation can be an important tool to help achieve justice following physical assault where criminal repercussions alone fail to address harm caused.

In the recent case (Schuetz v. Pyper) the Defendant battered the Plaintiff is a domestic incident.  He was charged with criminal assault and plead guilty but was sentenced to an absolute discharge.  The civil repercussions, however, were far heftier.

Both parties sued each other claiming battery.  The Defendant’s claims were dismissed and the Plaintiff’s accepted.  It was found that the domestic battery led to a host of physical and psychological injuries.  These were summarized by the Court as follows:

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$99,000 Award Ordered After BC Store Owner Offers Employee Cash For Sex

An employer offered an employee cash for sex.  She declined.  The employer subsequently fired her.  The complainant initiated a Human Rights action where the Tribunal found improper sexual harrassment took place and ordered nearly $99,000 in total damages.

In the recent case (Ms. K v. Deep Creek Store and another, 2021 BCHRT 158) the Tribunal made the following broad findings of fact:

In this case Ms. K was 21 years old when Mr. Joung hired her to work for him at his
convenience store. As Ms. K’s much older, male boss, Mr. Joung misused his power to sexually
harass Ms. K. When Ms. K attempted to resist this sexual harassment, Mr. Joung made matters
far worse by creating a hostile work environment, and then firing Ms. K. After Ms. K filed a
human rights complaint related to this treatment, Mr. Joung set out to harass and intimidate
her by trespassing at her home in the middle of the night.

The Tribunal found the following legal wrongs were proven:

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“Biased” ICBC Expert Report Excluded From Evidence

Reasons for judgment were recently published by the BC Supreme Court, Vancouver Registry, ordering that an ICBC expert’s report was biased and not admissible at trial.

In the recent case (Didyuk v. Redlick) the Plaintiff was involved in three motor vehicle accidents and was claiming damages.  In the course of the lawsuits ICBC used their power to send the plaintiff to an independent medical exam.  This resulted in their expert authoring a report making numerous negative comments about the plaintiff’s credibility.  In finding that expert was outright biased and not allowing the report into evidence Madam Justice Ahmad provided the following reasons:

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Welcome To Our Team Jessica!

MacIsaac & Company is pleased to announce the latest addition to our team of litigators!

Jessica is an experienced trial lawyer specializing in civil sexual assault claims. She has exclusively represented plaintiffs since the start of her career. She has appeared in all levels of court in BC.  Jessica is an empathetic advocate who is inspired by the power and courage of her clients. She works with her clients to explore out of court resolutions when appropriate, but she is also a fierce and passionate litigator who truly enjoys going to court to advocate for her clients’ rights.

Jessica is the latest lawyer to join MacIsaac & Company’s “80% Associate Counsel Career” serving clients Province wide from Vancouver.

We are aggressively expanding under this unique program. Not limited to injury lawyers. We are looking for –

Family lawyers

Immigration lawyers

Employment lawyers

Criminal lawyers

Mediators/Arbitrators

Estate Litigators

And more.   If you think you would be a good fit with our rapidly growing firm contact us today!

$650,000 Damage Assessment Following Assault and Battery

Reasons for judgement were published this week by the BC Supreme Court, Vancouver Registry, ordering two defendants to pay over $650,000 in damages following an unprovoked attack.

In this week’s case (Andrews v. Shelemey) the Plaintiff alleged that the Defendants “came to his residence on August 3, 2015, as a result of a dispute concerning a transmission repair that Mr. Andrews had completed on Mr. Shelemey’s vehicle in late 2014 or early 2015. He says that without provocation, Mr. Shelemey and Mr. Leveque wrongfully and intentionally assaulted him resulting in serious injuries including a fractured sternum, soft tissue injuries to his back, rib fractures, a fractured lumbar vertebra, a broken tooth and various lacerations, bruises and contusions.”.

Despite the defendants denying fault the court found the unprovoked attack took place and held the Defendants jointly and severally liable to pay the damages.  In reaching this decision Mr. Justice Mayer provided the following reasons:

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Welcome Edith and Nigel, MacIsaac & Company’s Newest “80% Associate Counsel”

Earlier this year we proudly launched our “80% Associate Counsel” career opportunity welcoming new talent to MacIsaac & Company under one of the more progressive arrangements in the legal industry.

We are pleased to welcome our first two associate counsel joining our firm under this arrangement.  Edith Lau, who will help expand our firm’s practice into immigration law and wills & estates and Nigel Elliott, who will be our first associate based out of Vancouver and will help grow our firm’s human rights and estate litigation practices.

You can read their full bio’s at our website and click here for more information about our 80% Associate Counsel Career!

 

Welcome Canadian Lawyer Magazine Readers

Earlier this month I had the pleasure of being interviewed by Canadian Lawyer Magazine about BC’s latest, one sided, and possibly unconstitutional limit on plaintiff disbursements in ICBC claims.

You can find the full article here.

If you are visiting for the first time welcome!  You can read my further thoughts on this topic with a link to reasons for judgement at my past article here.

 

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

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