League Thows The Book at Chad Kelly

[don corleone]

I don't know how you missed it DC. The Argos WERE also named in the lawsuit. Just last week they filed a statement of defence.

I stand corrected and thank you Hambone. What confused me is that the CFL announced disciplinary measures to only to Kelly and not the team. Sad state of affairs and the last thing the league needs.

It will be interesting to see if the court case proceeds now that Kelly has been suspended by the league. It will look bad if Kelly wins the court case.

[Hambone]

I don't know how you missed it DC. The Argos WERE also named in the lawsuit. Just last week they filed a statement of defence.

I stand corrected and thank you Hambone. What confused me is that the CFL announced disciplinary measures to only to Kelly and not the team. Sad state of affairs and the last thing the league needs.

It will be interesting to see if the court case proceeds now that Kelly has been suspended by the league. It will look bad if Kelly wins the court case.

Two things. I think this is really a 2-part lawsuit. First part is the harassment filing for damages against Kelly. Second part is the wrongful dismissal part against the Argos which is largely based on the allegations vs Kelly who has no authority to either dismiss the complainant nor simply rehire her after her seasonal contract expired. My thinking is if investigations found Kelly didn't do anything untoward then the lawsuit vs the Argos has no basis.

The CFL, thru the independent investigator, found sufficient evidence to suspend Kelly and in the announcement indicated investigations into the Argos continue. In other words having made a decision on the first part they can now move on to the second part.

The CFL can mete out as much disciplinary action as they can come up with but that does nothing for the monetary claims the accusor is making. If anything suspending Kelly only strengthens both of her cases. The only way the civil suit doesn't proceed is if Kelly and the Argos come to an out of court settlement.

[DanoT]

The strength and conditioning coach might be hard pressed to prove in court that her situation with Chad Kelly is the reason she did not get her contract renewed by the Argos. However it is possible that the Argos do not want a court case and will offer an out of court settlement. The settlement would not be for big $ as there would be no consideration as to loss of wages or reputation but rather it is payment for an agreement wherein the claimant agrees not to go to court.

[don corleone]

Interesting comments by Jim Barker on the Rod Pederson show about the Argos also doing an investigation as well as commenting on Chris Edwards who jumped a fence and punched a fan to only get 6 games then reduced to 3. I can only assume the fan Edwards punched was not a woman.

[Toppy Vann]

When you are a contractor you can't sue for wrongful dismissal. I haven't read the statement of claim so maybe media is using the term wrong here.
If the Argos screwed that up, they'd pay her out and avoid the legal BS going on now.

The Argos are a leadership mess on issues like this as they should have known what's going on with coaches and players at all times. a
The head strength and conditioning coach if quoted and talked about correctly should get his butt kicked out the door as he's the first line of defence for a subordinate and should have elevated stuff immediately.

The CFL might have to negotiate new rules with the players if it's a case of harassment or worse violence in the workplace.

CFL women speaking out is a bit over the top as would be if those in the CFL were knocking the complainant.
Mike O'Shea's comments were fine as he reiterated that a safe workplace is key for women and others but isn't commenting on the discipline meted out.

The civil suit standard is obvioulsly higher than what an organization uses to determine if harrassment took place.

[don corleone]

Thinking a homophobic slur should be treated in a similar fashion if the CFL is looking to set a precedent but that might something they have no interest in. Time for Randy Ambrosie to go imo.


https://www.afl.com.au/news/1125305/gol ... -in-qclash

[Hambone]

Interesting comments by Jim Barker on the Rod Pederson show about the Argos also doing an investigation as well as commenting on Chris Edwards who jumped a fence and punched a fan to only get 6 games then reduced to 3. I can only assume the fan Edwards punched was not a woman.

It was a guy. Not to dismiss what Edwards did because he never should have done it. I doubt the Ticat fan was simply standing there minding his own business. He was no doubt beaking off when Edwards leapt over that temporary waist high security railing.

[don corleone]

Fairly decisively worded comment from Chad Kelly as he steps back from camp seems like a positive move at this point. No doubt there is lots still going on behind the scenes. I would like to see him back.

Highly doubt the plaintiff is paying her own legal fees as a civil case would be expensive. Strange situation all around and none of it good for the league.

[Toppy Vann]

Fairly decisively worded comment from Chad Kelly as he steps back from camp seems like a positive move at this point. No doubt there is lots still going on behind the scenes. I would like to see him back.

Highly doubt the plaintiff is paying her own legal fees as a civil case would be expensive. Strange situation all around and none of it good for the league.

I'm not sure of the timing of that civil case but you raise a good question. In the old ICBC injury cases before the courts lawyers took on serious injury cases on contigency fee contracts negotiating up front how much they'll take if they win. In BC it could be as high as 33% but that was not the norm IIRC.

IIRC Ontario has no maximum take in contingency fee arrangements.
Unless this person won the $285,000 for wrongful termination (which looks bizarre at best) and the $50,000 against Kelly they are either wanting their day in court and willing to absorb the cost following legal counsel's advice and cautions OR the lawyer chooses to help the person irrespective of the risk of losing.

I'm not sure what might be going on here as if the plaintiff loses the court can award costs as they usually do for the winning party's costs to be paid in part by the plaintiff. It's never 100% but if the loser had turned down a reasonable settlement offer it can be over that in Ontario.

Thinking a homophobic slur should be treated in a similar fashion if the CFL is looking to set a precedent but that might something they have no interest in. Time for Randy Ambrosie to go imo.

The Patrick Watkins CB for Edmonton homophobic slur in 2014 directed to Bo Levi Mitchell created some heat and not one Edmonton official or player defended Watkins who just said something stupid in the heat of the game. It was picked up on the TSN broadcast as BLM went out of bounds and that big pick up mic was right there. Also TSN was live with BLM at the bench demanding CFL eliminate that stuff or words like that.

What made this die down fast and not get legs to the story as issues management types say was how strong Bo was on how wrong that was and also how no one tried explaining it away other Mike Reily saying that things are said on field are not characterisitic of this person but that was not what most said - they just said it was wrong and he erred. IIRC even a EE DEF team captain condemned the comment but not the player.

Watkins got an undislosed fine and how it was handled by Edmonton, officials, players and Watkins and CFL teams led to the story dying very quickly - unlike how Argos and Kelly have given this story legs.

That's why there is not a lot of info on this on the internet as it was a case of good overall issues management by all including the player. You have google the slur and names to find it.

Eskimos management said that the team will use the incident to start a conversation in the locker room about appropriate language.

https://globalnews.ca/news/1550638/eski ... ry-player/