- Date: February 5, 2004
- Victim’s Age: 35
- Victim’s Sex: Male
- Occupation: N/A
- Place: Ottawa, Ontario
- Circumstances: chasing down the puck
- Injuries sustained: broken teeth
- Compensation: $20,547.00
The sports injury incident
On February 5, 2004, a 35-year-old man was playing in a non-contact hockey league when he was punched in the face. During the third period of the game, the man and his opponent were chasing down the puck. In the process, they collided. The referees testified that the play was nothing out of the ordinary just two players going for the puck when they hit each other. No one suffered any injuries from the collision. However, the referee blew the whistle as was his practice to prevent any escalation after a collision. During the stoppage, the opponent punched the man in the face with his gloved hand. The punch broke two of his teeth and caused bleeding, swelling, bruising, and pain. The referee issued the opponent a 5-game suspension. The man underwent a temporary repair of his teeth. However, will require a permanent repair.
The opponent claimed that he was not responsible for the injuries as the man had signed a waiver that released anyone from liability for injuries suffered during the game. However, the judge ruled that the injury did not result during the regular progression of the game but instead occurred during a stoppage. Furthermore, the judge concluded that the punch was not part of the voluntary assumption of the risk of playing in a non-contact hockey league.
Compensation for the victim
The judge awarded the man $10,000 in general damages, $7,547.46 in special damages, and $3,000 in aggravated damages.