Arland Bruce concussion lawsuit thrown out

The Place for BC Lion Discussion. A forum for Lions fans to talk and chat about our team.
Discussion, News, Information and Speculation regarding the BC Lions and the CFL.
Prowl, Growl and Roar!

Moderator: Team Captains

Post Reply
User avatar
B.C.FAN
Team Captain
Posts: 12580
Joined: Mon Nov 15, 2004 10:28 pm

From Province court reporter Keith Fraser:
Keith Fraser ‏@keithrfraser
Former B.C. Lions receiver Arland Bruce has had his concussion lawsuit against the CFL commissioner dismissed. However he plans to appeal.
Keith Fraser ‏@keithrfraser
Judge finds that Bruce's allegations regarding concussions he suffered can only be resolved through the grievance and arbitration process.
Previous story:
CFL asks court to punt concussion lawsuit brought by former Lions receiver Arland Bruce
User avatar
mountaincat
Rookie
Posts: 55
Joined: Wed Oct 12, 2016 4:53 am

bruce is now taking his case to the supreme court of canada.

here is the news: http://theprovince.com/sports/football/ ... on-lawsuit

and here are a few key excerpts:
A former star receiver for the B.C. Lions who says he sustained “permanent and disabling” repetitive head trauma as a player has asked the Supreme Court of Canada to allow his lawsuit against the league to proceed.

Arland Bruce III says in court documents that he continues to suffer post-concussive symptoms, including depression, paranoia, delusions and other medical issues. He played for 13 years with several CFL teams.

Two lower courts in British Columbia have dismissed the suit because Canada’s top court has previously ruled that unionized employees must use labour arbitration — not the courts — to resolve disputes that arise from their collective agreement.

Bruce’s lawyers filed leave to appeal to the high court last Friday. In court documents, they argue the CFL collective agreement is unusual because athletes individually negotiate their pay, have no long-term disability insurance plan, are excluded from occupational health and safety regulations and are not entitled to workers compensation.
Despite displaying the ongoing effects of concussions, Bruce was led to believe by the CFL that the link between repetitive brain trauma and CTE was unproven, his lawyers allege.

In 2011, the league circulated a one-page concussion flyer to 750,000 Canadian coaches, athletes and parents that purported to contain all the “important information” one needed to know and downplayed the dangers, the documents allege.

The campaign omitted preventative measures that are critical to avoiding repetitive brain trauma, the documents allege, including the “three strikes, you’re out” principle that says athletes who suffer three concussions in a season must sit out for the rest of the season.

The court documents allege that in September 2012, Bruce was knocked unconscious for several minutes after an in-game collision, but he returned to active play 42 days later, relying on information from the CFL’s concussion-awareness campaign.

Bruce’s lawyers argue that Canada is at a crossroads when it comes to addressing risks associated with contact sports and concussion injuries. Parents need to understand what long-term risks their children will face by pursuing a career in professional sports, they say.
“At the Supreme Court of Canada level, they’re looking for: ‘Is this an issue of national importance that our legal system needs to address?’ ” she said. “We say that is exactly what this is. These players need the help of the Supreme Court of Canada to get justice.”
also, you may've noticed various news items, based on the latest studies etc, have at times been front page news the last few weeks... roughly along the lines of "there should be no contact sports for children under 18" (until they are old enough to consent to the known risks). i know this is how many have seen things going and probably none of this is very surprising to anyone... just noting that this issue seems to be taking hold in more deep and concrete ways these days.
Post Reply