Yesterday Moore's counsel, Tim Danson was in motions court in Toronto seeking to compel former Vancouver Canucks owner, John McCaw, to testify.
BTW court documents have shed further light on the brain injury and deficits that are affecting Moore in terms of pursuing another career when he was foreclosed from continuing his career as a professional hockey player. Moore had an IQ of 140 before the assault which would class him as him as a "Genius or near genius".
http://www.iqcomparisonsite.com/iqbasics.aspx
Expect that this trial will be very much a battle of experts as to his probable hockey career path and what he may have done outside hockey pre-injury.
The former owner of the Vancouver Canucks should be forced to answer, in front of a jury, if he approved a career-ending sucker punch on Steve Moore, a lawyer for the former NHL player argued in court Thursday.
...
“He just goes on with his life with the incredible privileges of being a billionaire ... while Steve Moore tries to recover from a shattered life,†Danson said in court Thursday.
“For him to say, ‘I’m not going to come and testify in any capacity’ is regrettable. It’s regrettable and it defies principles of fairness and justice. For him to simply hide behind his U.S. citizenship and residency given the nature of all of these facts should not be accepted and it’s not something the public would accept.â€
NHL commissioner Gary Bettman and deputy commissioner Bill Daly have voluntarily agreed to testify, Danson said.
Master Ronald Dash, who is hearing the motion, said he would not order McCaw to testify in person at the trial, slated to begin in September, but is considering Danson’s alternate request that McCaw testify via video conference.
...
A jury should be able to hear McCaw answer whether he knew Canucks players were gunning for retaliation against Moore for a hit weeks earlier on former Canucks’ captain Markus Naslund that resulted in a concussion, Danson argued.
Bertuzzi has alleged the Canucks’ then-coach Marc Crawford urged his players to make Moore “pay the price,†while Crawford has claimed Bertuzzi disobeyed instructions to get off the ice before Moore was attacked.
Players were issuing public threats against Moore before the hit, Danson said, and what McCaw did or didn’t do about it is “highly relevant to the question of negligence.â€
...
Danson suggested that McCaw fostered a corporate culture that may have at least implicitly approved such an attack, including having as the president and general manager Brian Burke, who was “unapologetic about promoting violence in hockey.â€
“Were Burke and Crawford carrying out the wishes of McCaw?†Danson suggested. “Or given the ‘wink’ when it came to getting Mr. Moore?â€
...
“If he doesn’t testify, if he doesn’t come forward, our case is going to be significantly weakened,†Danson said. “So he knows it’s not in his best interest to testify because if he testifies, it will be to the benefit of the plaintiffs.â€
http://sports.nationalpost.com/2014...could-have-to-testify-in-moore-bertuzzi-suit/...
“He just goes on with his life with the incredible privileges of being a billionaire ... while Steve Moore tries to recover from a shattered life,†Danson said in court Thursday.
“For him to say, ‘I’m not going to come and testify in any capacity’ is regrettable. It’s regrettable and it defies principles of fairness and justice. For him to simply hide behind his U.S. citizenship and residency given the nature of all of these facts should not be accepted and it’s not something the public would accept.â€
NHL commissioner Gary Bettman and deputy commissioner Bill Daly have voluntarily agreed to testify, Danson said.
Master Ronald Dash, who is hearing the motion, said he would not order McCaw to testify in person at the trial, slated to begin in September, but is considering Danson’s alternate request that McCaw testify via video conference.
...
A jury should be able to hear McCaw answer whether he knew Canucks players were gunning for retaliation against Moore for a hit weeks earlier on former Canucks’ captain Markus Naslund that resulted in a concussion, Danson argued.
Bertuzzi has alleged the Canucks’ then-coach Marc Crawford urged his players to make Moore “pay the price,†while Crawford has claimed Bertuzzi disobeyed instructions to get off the ice before Moore was attacked.
Players were issuing public threats against Moore before the hit, Danson said, and what McCaw did or didn’t do about it is “highly relevant to the question of negligence.â€
...
Danson suggested that McCaw fostered a corporate culture that may have at least implicitly approved such an attack, including having as the president and general manager Brian Burke, who was “unapologetic about promoting violence in hockey.â€
“Were Burke and Crawford carrying out the wishes of McCaw?†Danson suggested. “Or given the ‘wink’ when it came to getting Mr. Moore?â€
...
“If he doesn’t testify, if he doesn’t come forward, our case is going to be significantly weakened,†Danson said. “So he knows it’s not in his best interest to testify because if he testifies, it will be to the benefit of the plaintiffs.â€
BTW court documents have shed further light on the brain injury and deficits that are affecting Moore in terms of pursuing another career when he was foreclosed from continuing his career as a professional hockey player. Moore had an IQ of 140 before the assault which would class him as him as a "Genius or near genius".
http://www.iqcomparisonsite.com/iqbasics.aspx
Expect that this trial will be very much a battle of experts as to his probable hockey career path and what he may have done outside hockey pre-injury.
The recently filed court documents highlight the mental troubles Moore’s lawyers say he has struggled with since his career-ending injury and reveal details about his efforts to take an admissions test in 2010 for graduate school.
Moore’s family members said he “can no longer study effectively on his own. . . . He loses focus and is inaccurate and forgetful,†the documents say. “His communication skills, the ability to quickly and clearly follow more complex conversations, for example, are compromised. He has difficulties establishing priorities and making decisions. . . . His judgment is questionable.â€
Moore, who has an IQ of about 140, twice wrote the GMAT exam, taken by those hoping to attend graduate school, the documents say. During his first attempt, on March 3, 2010, he scored in the 68th percentile, which means he scored higher than 68 per cent of those who took the test during the previous three years.
On his second attempt, on April 5, 2010, Moore scored in the 88th percentile.
Moore was allowed 50 per cent more time, an extra break, earplugs and an adjustable chair when he took the tests.
The documents cite Kevin Murphy, a psychologist who examined Moore.
Murphy concludes Moore had “highly superior cognitive abilities†before his injury, but since Bertuzzi’s attack “does not exhibit the ability to plan, make decisions, set priorities, and to multi-task and is not capable of performing adequately in a wide range of managerial, executive, and professional work.
“Moore’s current job prospects are restricted to work that is more routine, less autonomous, less opportune for advancement, and significantly less remunerative than his former prospects.â€
A company called HR Squared consultants was hired by Moore’s lawyer to provide an expert opinion of Mr. Moore’s post-hockey lost income.
The company concluded Moore before his injuries had the chance to work as an investment banker, portfolio manager, high-net-worth adviser, salesperson or perhaps a research analyst. But his “shortcomings†following his injury “would make it difficult for him to perform the job successfully.
“In sum: While it is possible that Steve Moore could obtain employment as a hedge fund marketer, there is a very low probability that he would have been able to keep the job,†the court filings say.
http://www.thestar.com/sports/hocke...ts_shed_light_on_exnhl_players_struggles.htmlMoore’s family members said he “can no longer study effectively on his own. . . . He loses focus and is inaccurate and forgetful,†the documents say. “His communication skills, the ability to quickly and clearly follow more complex conversations, for example, are compromised. He has difficulties establishing priorities and making decisions. . . . His judgment is questionable.â€
Moore, who has an IQ of about 140, twice wrote the GMAT exam, taken by those hoping to attend graduate school, the documents say. During his first attempt, on March 3, 2010, he scored in the 68th percentile, which means he scored higher than 68 per cent of those who took the test during the previous three years.
On his second attempt, on April 5, 2010, Moore scored in the 88th percentile.
Moore was allowed 50 per cent more time, an extra break, earplugs and an adjustable chair when he took the tests.
The documents cite Kevin Murphy, a psychologist who examined Moore.
Murphy concludes Moore had “highly superior cognitive abilities†before his injury, but since Bertuzzi’s attack “does not exhibit the ability to plan, make decisions, set priorities, and to multi-task and is not capable of performing adequately in a wide range of managerial, executive, and professional work.
“Moore’s current job prospects are restricted to work that is more routine, less autonomous, less opportune for advancement, and significantly less remunerative than his former prospects.â€
A company called HR Squared consultants was hired by Moore’s lawyer to provide an expert opinion of Mr. Moore’s post-hockey lost income.
The company concluded Moore before his injuries had the chance to work as an investment banker, portfolio manager, high-net-worth adviser, salesperson or perhaps a research analyst. But his “shortcomings†following his injury “would make it difficult for him to perform the job successfully.
“In sum: While it is possible that Steve Moore could obtain employment as a hedge fund marketer, there is a very low probability that he would have been able to keep the job,†the court filings say.
nuckfan insk
Registered User
How so?
It is the nature of these sort of cases.
One of the first cases I was involved in after law school (30 years ago) involved a teen girl with a traumatic brain injury and it took almost 8 years to get to trial. And the BC Supreme Court judge? None other than the current Chief Justice of the SCOC - man do I feel old.
In such cases it is difficult to get a handle on the extent of the injuries absent the passage of time. In this case medical science has made big strides in understanding such injuries.
PecaFan
Registered User
Meh. Don't be blinded by the walls of text. I've been waiting 10 years for Bertuzzi to have troubles with US immigration that Wetcoaster swore he was going to have. http://hfboards.mandatory.com/showthread.php?p=2286095#post2286095
When NHL games started up, Bertuzzi waltzed right into the US with nary an issue, just as the text of the decision said he would. And Wetcoaster said nothing about it, exactly as I said he would.
Reading for yourself is the best course of action.
Why would it be unlikely? He takes a test, knows he has to score low - but not too low. Takes a second test with all the extra "help" and knows that he must score higher as to look realistic, but not score too high as to seem normal. Let me guess, he showed frustration and got easily agitated during the testing - I mean really, it's part of the deal.
BTW - Do you believe the testimonies of his family members too?
It would be unlikely because there are a number of other tests and parameters that would support the scoring. Remember that the defendants have had the opportunity to have tested and evaluated Moore themselves. The amount of expert evidence and testimony in run of the mill neurological impairment cases is quite staggering and this case is most assuredly not run of the mill.
Yes I accord considerable weight to the affidavits of family members as they would be in the best position to know the changes over time and how it affects the plaintiff in his daily life. Such evidence is common in these sorts of cases - counsel refers to it as "day in the life" material. It is often the most compelling evidence for a jury who can relate to it much easier than the warring experts for the parties.
How many traumatic brain injury trials have you observed?
Jumptheshark
Rebooting myself
There is one thing that really annoys me about this whole thing. I am oiler fan so flame away. But like many Canadian kids I grew up playing hockey and I got to a level where I played on a line where the guys on my line where in the NHL 18 months later.
Here is a problem I have had since day one. The call Moore the victim out outright and say he did nothing that game. The Nasland hit, Moore had made the decision to Hit nasland when he was in a position that Moore would have seriously injured him. The only reason why Nasland was not hurt more serious was because someone on the ice yelled something Nasland recognized at a warning word. Why I played junior B, the team yelled stuff on the ice in code words all the time to send a message to an on ice player and codes changed every game. I believe the canucks used the same method--in the replay someone yelled something that caused Nasland to look up. If that does not happen the hit moore was going to toss could have seriously injured Nasland. Moore played to cause damage and Nasland could have been more seriously injured then he was .
Sorry for the rant-- but some media people play Moore as the sweet innocent player that did not play a cheap game
Here is a problem I have had since day one. The call Moore the victim out outright and say he did nothing that game. The Nasland hit, Moore had made the decision to Hit nasland when he was in a position that Moore would have seriously injured him. The only reason why Nasland was not hurt more serious was because someone on the ice yelled something Nasland recognized at a warning word. Why I played junior B, the team yelled stuff on the ice in code words all the time to send a message to an on ice player and codes changed every game. I believe the canucks used the same method--in the replay someone yelled something that caused Nasland to look up. If that does not happen the hit moore was going to toss could have seriously injured Nasland. Moore played to cause damage and Nasland could have been more seriously injured then he was .
Sorry for the rant-- but some media people play Moore as the sweet innocent player that did not play a cheap game
Agreed. Moore is not innocent in all of this. Though I don't condone what Bertuzzi did, I fail to see much difference between his action and those of Chara on Pacioretty, Keith on Sedin and Weber on Zetterberg to name a few recent ones. All crystal clear intents to seriously injure. The only difference is the outcome, although Pacioretty and Sedin have clearly suffered and who knows what the long term effects of Daniel's concussion may end up being. I know outcome is a significant factor in legal proceedings (eg. attempted murder vs murder) but I find the fact that Chara, Weber and Keith get off scot free absurd considering all that Bertuzzi has to go through.
My good sir, the rest of the world doesn't have ad vitam eternam to get things done. Its embarrassing for the legal profession to be honest that these cases drag on so much.
Everyone should be on Moore's side, though for 2 reasons: as a precedent so people know there are consequences for what you do on the ice; and because if he was your son that they did this to..
There is nothing embarrassing about it. These are civil cases and the timeline driven by the parties. And if one party is delaying the process deliberately and not with good reason the other party can go to court and force the case ahead with a judicially imposed timeline.
When the case was to go to trial in 2012 it was discovered that the defendants had entered into a secret agreement and that trial date was lost as Moore's counsel went to court to force disclosure. He ultimately succeeded. There has been a significant backlog of cases in Ontario (as in BC) so once a trial date has been lost, there is about a two year wait to get another.
Cases such as these take a significant amount of time because of the nature of the injuries and the need to get a handle upon the amount of permanent disability. As Moore's counsel noted time has allowed a better understanding of the numerous impacts that PCS can have throughout the rest of a person's life. Danson discussed this in an earlier interview with Steve Simmons of the Toronto Sun:
“It has been very difficult for the process to take this long,†said Tim Danson, the lawyer representing Moore in his action against the Detroit Red Wings’ winger. “But actually, we needed the passing of time to fully understand the magnitude of the brain injury. This (incident) just didn’t terminate his NHL career. It impacted everything in his life. It impacted his future and his future employment.
“We’ve had years to look at this now and because Steve Moore has exceptionally high intelligence and is a Harvard graduate, we needed to evaluate all the factors involved. If we went to a jury too early, you wouldn’t have had the answers. It has been a lot of years and a lot of tests and we’ve learned a lot about the brain. I can’t really go into details right now because that will be a live issue at the trial.â€
http://www.torontosun.com/sports/columnists/steve_simmons/2011/03/06/17515946.html“We’ve had years to look at this now and because Steve Moore has exceptionally high intelligence and is a Harvard graduate, we needed to evaluate all the factors involved. If we went to a jury too early, you wouldn’t have had the answers. It has been a lot of years and a lot of tests and we’ve learned a lot about the brain. I can’t really go into details right now because that will be a live issue at the trial.â€
2 things that I know without having a law degree, 1) You can always find a doctor or professional to say whatever you want them to say...and 2) Family members will always say what is in their (and their family members) best interest - and it is in their best interest to portray their brother, son...whatever as being mentally diminished.
BTW - I work with special needs persons and the mentally challenged all the time.
Another question; Why do they want McCaw to testify?
Your lay knowledge does not accord with the reality of trying such a case.
The evidence of family members will be weighed and given the weight decided by the jury subject to the legal instructions of the judge.
Moore's counsel wants to know what was said between ownership and management following the hit on Naslund and the lead up to the Bertuzzi assault and what they knew.
The NHL issued a statement that the Canucks organization had been warned after the the "paying the price" comments by Crawford, bounty comments by May and Burke's comments would all be evidence to support the claim
One of the causes of action being pleaded is negligent supervision (in addition to vicarious liability). Under the tort of negligent supervision an employer is held personally liable because of its own tortious conduct. This type of action is grounded in the theory of negligent supervision – the belief that an employer itself creates unreasonable risks of harm by improper or unreasonable selection and supervision of an employee.
The additional bonus for Moore in proving a separate tort for negligent supervision by the club is the addition of another claim for punitive damages (beyond that of Bertuzzi's battery itself).
There is strong external evidence for this claim of negligent supervision (and/or vicarious liability) on the part of the Canucks and its employees as the NHL imposed a significant fine on the team. In his decision suspending Bertuzzi and fining the Canucks, Colin Campbell noted the team had been warned and that it failed to properly supervise or control its players:
"In light of numerous player comments about Mr. Moore following the Vancouver-Colorado game of February 16, we believe the Vancouver organization ultimately bears some responsibility for monitoring and, to the extent necessary, attempting to moderate the focus of its team," said Campbell. "While the League provided appropriate advance warnings to both organizations... we believe that more could have and should have been done."
In the result the Canucks were fined $250,000.
The NHL in its ruling has gone a long way to proving Moore's allegations that the team is liable either vicariously or on the tort of negligent supervision.
ChilliBilly
Registered User
entertaining and interesting.
McCaw has a very simple answer. I told them to have Moore pay for his hit. (if he did). But he can also say at no time to I ever suggest this should be outside the play of hockey.
And a billionaire has lawyers giving him advice. I suspec the request to have this by means of a video is to reduce the dramatics of a courtroom cross examination.
And it is invaluable to those interested to have someone of Wetcoasters knowledge of insider hockey games, hockey as a player, and the law. Yes he sounds a tad condescending at times ... seems to me he is justified.
McCaw has a very simple answer. I told them to have Moore pay for his hit. (if he did). But he can also say at no time to I ever suggest this should be outside the play of hockey.
And a billionaire has lawyers giving him advice. I suspec the request to have this by means of a video is to reduce the dramatics of a courtroom cross examination.
And it is invaluable to those interested to have someone of Wetcoasters knowledge of insider hockey games, hockey as a player, and the law. Yes he sounds a tad condescending at times ... seems to me he is justified.
You are correct. My comment was general in nature though given the thread, would be misconstrued. In fact, they have every right, if not the obligation, to use every legal means at their disposal. Tbh, they shouldn't have to defend their tactics but that's a means as well.
YouppiKiYay
Registered User
I can totally see pursuing a supervision argument against Burke and the culture he created, but wasn't McCaw essentially Howard Hughes-like when he owned the team? It will be interesting to see if he had any communication with the team beyond sending cheques and collecting profits.
nuckfan insk
Registered User
I,still hold granato responsible. He knew what he was doing by putting Moore out in a blowout game
Yet nobody calls him out.
Yet nobody calls him out.
Does anyone know what the Moore's side is asking for? How much they feel the loss of income and future income is worth?
What has Moore been doing all these years? I sure hope he has tried to get his life back on track because life goes by quickly and it seems a shame to waste it waiting around for some money. Albeit big $.
If it were me I'd want to get it over with and not have to constantly document/keep a diary of the problems. It's been long enough that there shouldn't be any more changes. It has to be hard on the parents too.
Just get it over with and get on with life. The present value of money is more than the future value of the same $ amount.
What has Moore been doing all these years? I sure hope he has tried to get his life back on track because life goes by quickly and it seems a shame to waste it waiting around for some money. Albeit big $.
If it were me I'd want to get it over with and not have to constantly document/keep a diary of the problems. It's been long enough that there shouldn't be any more changes. It has to be hard on the parents too.
Just get it over with and get on with life. The present value of money is more than the future value of the same $ amount.
Because he bears no liability under any rational legal basis of which I am aware.
What Moore is asking for is pretty much immaterial to the final figure. Plaintiffs use the top end of positive contingencies while the defence does the opposite.
Figures such as $38 million have been bandied about:
The damages Moore is seeking could be more than the $38-million in his initial statement of claim. It is expected Moore’s lawyers will argue at trial that his injuries also prevent him from enjoying the post-hockey career he expected, making the former player entitled to damages for lost income over his entire working life. Moore graduated from Harvard University with a degree in environmental sciences. His lawyers are expected to argue the brain damage he suffered from Bertuzzi’s attack prevents him from taking up a lucrative career.
http://www.theglobeandmail.com/spor...lawsuit-against-marc-crawford/article2292332/There will be massive amounts of expert medical and actuarial evidence and it will be up to the jury to come to a damage figure. Here is a post I did earlier on how damages are calculated in such cases:
http://hfboards.mandatory.com/showpost.php?p=43038433&postcount=70
According to documents filed Moore suffered a physical brain injury:
The consequences have been enormous. Moore's NHL career was over at age 25. The Harvard graduate, now 33, still suffers daily difficulties from brain damage -- a tear in the frontal lobe of the brain was confirmed in MRIs, according to court documents.
http://espn.go.com/espn/commentary/...4-cautionary-tale-new-orleans-saints-bountiesIn this post there was more information about his ability to pursue another career based on court documents filed.
http://hfboards.mandatory.com/showpost.php?p=80656717&postcount=152
Speaking of bearing no liability under any rational legal basis of which you are aware, I want to hear how you would hold Mike Gillis accountable for what happened to Steve Moore.
Here's the scenario: Recognizing your knowledge of the law and of hockey, Steve Moore has just hired you, Wetcoaster, to represent him. His instructions are explicit: he wants Mike Gillis to be held accountable for his injuries.
Despite your protestations that Mike Gillis was not a member of the Canucks organization at the time, Moore will not listen to reason (perhaps an effect of the brain injury) and offers sums of money that will supply you with the finest scotch until the end of your days. Against your better judgement, you succumb to the promises of great riches and take the job, promising to prosecute Gillis to the fullest extent of the law.
Now, what's your plan of attack? What frivolous litigation will you use to hector GMMG?
so let's imagine bertuzzi loses the case and moore is awarded a hefty sum.
has bertuzzi already hidden his assets? (put his house in wife's name etc.). and will his pension be protected?
what are the chances moore ever sees a dime from bertuzzi?
Hence the party with the deep pockets has been joined to the action.
Also Bertuzzi has an agreement with the corporate defendant as to indemnity and insurance coverage.
There has already been legal action in respect of Bertuzzi transferring property to his wife.
http://www.cbc.ca/sports/hockey/bertuzzi-and-wife-sued-for-fraud-1.594595
This would be under the Fraudulent Conveyances Act (Ontario) which attacks real or personal property transfers whereby the underlying intention is to defeat, hinder, delay or defraud creditors or potential creditors.
Where conveyances void as against creditors
2. Every conveyance of real property or personal property and every bond, suit, judgment and execution heretofore or hereafter made with intent to defeat, hinder, delay or defraud creditors or others of their just and lawful actions, suits, debts, accounts, damages, penalties or forfeitures are void as against such persons and their assigns. R.S.O. 1990, c. F.29, s. 2.
Where s. 2 does not apply
3. Section 2 does not apply to an estate or interest in real property or personal property conveyed upon good consideration and in good faith to a person not having at the time of the conveyance to the person notice or knowledge of the intent set forth in that section. R.S.O. 1990, c. F.29, s. 3.
Where s. 2 applies
4. Section 2 applies to every conveyance executed with the intent set forth in that section despite the fact that it was executed upon a valuable consideration and with the intention, as between the parties to it, of actually transferring to and for the benefit of the transferee the interest expressed to be thereby transferred, unless it is protected under section 3 by reason of good faith and want of notice or knowledge on the part of the purchaser. R.S.O. 1990, c. F.29, s. 4.
2. Every conveyance of real property or personal property and every bond, suit, judgment and execution heretofore or hereafter made with intent to defeat, hinder, delay or defraud creditors or others of their just and lawful actions, suits, debts, accounts, damages, penalties or forfeitures are void as against such persons and their assigns. R.S.O. 1990, c. F.29, s. 2.
Where s. 2 does not apply
3. Section 2 does not apply to an estate or interest in real property or personal property conveyed upon good consideration and in good faith to a person not having at the time of the conveyance to the person notice or knowledge of the intent set forth in that section. R.S.O. 1990, c. F.29, s. 3.
Where s. 2 applies
4. Section 2 applies to every conveyance executed with the intent set forth in that section despite the fact that it was executed upon a valuable consideration and with the intention, as between the parties to it, of actually transferring to and for the benefit of the transferee the interest expressed to be thereby transferred, unless it is protected under section 3 by reason of good faith and want of notice or knowledge on the part of the purchaser. R.S.O. 1990, c. F.29, s. 4.
As far as pension benefits being subject to garnishment, it varies from province to province.
Under Ontario’s Execution Act, certain assets belonging to a debtor are sheltered from seizure and sale by creditors. Generally speaking, the following items are exempt from seizure:
- necessary and ordinary wearing apparel of the debtor and his or her family not exceeding $5,650 in value;
- the household furniture, utensils, equipment, food and fuel that are contained in and form part of the permanent home of the debtor, not exceeding $11,300 in value;
- tools and instruments and other chattels ordinarily used by the debtor in the debtor’s business, profession or calling not exceeding $11,300 in value (unless the debtor is in the farming business, in which case different limits apply);
- a motor vehicle not exceeding $5,650 in value;
- welfare payments;
- insurance moneys;
[*]pension benefits; - a portion of a worker’s net wages; and
[*]benefits under the Canada Pension Plan and under the Employment Insurance Act.
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