As noted earlier in this thread, Moore's counsel was seeking an order for former owner John McCaw to testify.
http://hfboards.mandatory.com/showpost.php?p=80656717&postcount=152
That order has now been granted although McCaw may testify via video rather than being present in court. However McCaw can simply ignore the order as he cannot be compelled since he resides in Seattle and the Ontario court order cannot easily be enforced.
However if McCaw's fails to testify could result in an adverse inference being drawn on the issue of negligent supervision as this evidence could be critical to the Canucks liability. And Master Dash pointedly emphasized that possibility in his decision.
Master Dash accepted the plaintiff's counsel argument that McCaw's testimony would be relevant and crucial evidence.
http://hfboards.mandatory.com/showpost.php?p=80656717&postcount=152
That order has now been granted although McCaw may testify via video rather than being present in court. However McCaw can simply ignore the order as he cannot be compelled since he resides in Seattle and the Ontario court order cannot easily be enforced.
However if McCaw's fails to testify could result in an adverse inference being drawn on the issue of negligent supervision as this evidence could be critical to the Canucks liability. And Master Dash pointedly emphasized that possibility in his decision.
Former Vancouver Canucks owner John McCaw Jr., was ordered to testify by two-way video conferencing in Steve Moore’s lawsuit that seeks more than $38-million in damages from the Canucks and one of their former players, Todd Bertuzzi.
Master Ronald Dash of the Ontario Superior court released his decision Monday morning, saying “I am satisfied from the plaintiff’s evidence that McCaw has material evidence to give at trial on issues of corporate negligence, vicarious liability and punitive damages and McCaw has chosen to provide no evidence on this motion to the contrary.”
However, this does not mean McCaw will make himself available to testify in or near his home in Seattle. Master Dash agreed with McCaw’s lawyers that an Ontario civil court cannot order an American citizen to appear in person when the trial begins in Toronto in September but ruled there have been cases where Americans have testified in foreign courts by video or satellite from the U.S. But, Master Dash noted, the most he can do is order a letter of request be sent to “judicial authorities in the States of Washington” to order McCaw to “attend at a suitable location in the State of Washington to be examined at trial …”
“In my view it is material to the issue of [the Canucks’] negligence to obtain the evidence of the man ‘at the top’ as to whether he knew about the … statements by players and management in the media … or generally that matters were escalating, what if anything he did about it … and if he did nothing, why not?” Master Dash said in his ruling.
http://www.theglobeandmail.com/spor...at-steve-moore-lawsuit-trial/article17641296/Master Ronald Dash of the Ontario Superior court released his decision Monday morning, saying “I am satisfied from the plaintiff’s evidence that McCaw has material evidence to give at trial on issues of corporate negligence, vicarious liability and punitive damages and McCaw has chosen to provide no evidence on this motion to the contrary.”
However, this does not mean McCaw will make himself available to testify in or near his home in Seattle. Master Dash agreed with McCaw’s lawyers that an Ontario civil court cannot order an American citizen to appear in person when the trial begins in Toronto in September but ruled there have been cases where Americans have testified in foreign courts by video or satellite from the U.S. But, Master Dash noted, the most he can do is order a letter of request be sent to “judicial authorities in the States of Washington” to order McCaw to “attend at a suitable location in the State of Washington to be examined at trial …”
“In my view it is material to the issue of [the Canucks’] negligence to obtain the evidence of the man ‘at the top’ as to whether he knew about the … statements by players and management in the media … or generally that matters were escalating, what if anything he did about it … and if he did nothing, why not?” Master Dash said in his ruling.
Master Dash accepted the plaintiff's counsel argument that McCaw's testimony would be relevant and crucial evidence.
In his 23-page decision, Master Ronald Dash ruled John McCaw Jr. has relevant evidence to offer when Moore’s lawsuit gets to trial, slated to start in September.
“(McCaw) was the person at the top of the organization and ultimately responsible for the actions of management and for either setting the corporate culture of the organization or delegating the responsibility to others,” Dash wrote.
...
McCaw had argued the Ontario court had no right to order him to testify and denied having material evidence to offer anyway.
Dash, a case-management master with the Ontario Superior Court of Justice, disagreed on both counts.
What McCaw knew beforehand about possible retaliation against Moore for an incident in which he had checked the Canucks’ captain is directly relevant to the proceedings, Dash found.
“Did (McCaw) encourage retribution against Moore?” Dash wrote.
“Alternatively, did he take steps to ‘turn down the temperature’ by directing management to take steps to prevent retaliation?”
...
Dash ordered McCaw to pay $15,000 in costs to Moore, but Moore will have to foot the bill — at least initially — for McCaw’s video conferencing.
...
Lawyer Tim Danson, who is acting for Moore and his parents Jack and Anna Moore, was pleased with the ruling.
Danson has suggested that McCaw fostered an organizational culture that endorsed Bertuzzi’s attack — at least implicitly — in part because hockey violence helped draw paying fans.
“Holding billionaire owners of NHL teams accountable for the corporate culture they set and for what happens under their watch is a very important issue,” Danson said.
http://sports.nationalpost.com/2014...in-todd-bertuzzi-steve-moore-case-court-says/“(McCaw) was the person at the top of the organization and ultimately responsible for the actions of management and for either setting the corporate culture of the organization or delegating the responsibility to others,” Dash wrote.
...
McCaw had argued the Ontario court had no right to order him to testify and denied having material evidence to offer anyway.
Dash, a case-management master with the Ontario Superior Court of Justice, disagreed on both counts.
What McCaw knew beforehand about possible retaliation against Moore for an incident in which he had checked the Canucks’ captain is directly relevant to the proceedings, Dash found.
“Did (McCaw) encourage retribution against Moore?” Dash wrote.
“Alternatively, did he take steps to ‘turn down the temperature’ by directing management to take steps to prevent retaliation?”
...
Dash ordered McCaw to pay $15,000 in costs to Moore, but Moore will have to foot the bill — at least initially — for McCaw’s video conferencing.
...
Lawyer Tim Danson, who is acting for Moore and his parents Jack and Anna Moore, was pleased with the ruling.
Danson has suggested that McCaw fostered an organizational culture that endorsed Bertuzzi’s attack — at least implicitly — in part because hockey violence helped draw paying fans.
“Holding billionaire owners of NHL teams accountable for the corporate culture they set and for what happens under their watch is a very important issue,” Danson said.
