On March 15, 2012, Drew Casterson laced up his skates and took to the ice for his team's beer league game in Ottawa in what was expected to be just another recreational hockey game. Little did he know that his life was about to change, due to a violent head shot behind the net, in the final moments of the matchup.
In a case that was overseen by Justice Sally Gomery, Casterson claimed that opposing player Gordon MacIsaac delivered a brutal blindside hit to his head with less than one minute remaining in the game, causing "life-altering injuries" as a result.
Though MacIsaac defended the hit as "accidental", stating that Casterson made a sudden and unexpected turn which caused the collision to take place, Justice Gomery would ultimately award $702,551 to the plaintiff for "general damages and loss of past and future income".
“This is not the first lawsuit in Canada for injuries sustained during a hockey game,” Gomery wrote in her decision. “Courts have moved from requiring evidence of intent to harm to applying the general rules of negligence, adapting them to the context of a sport where some risk of injury is inevitable.”
This is absolutely a "worst nightmare" scenario for any player who takes part in a recreational hockey league. Imagine heading out to a rec game, expecting to drink a few beers, have a few laughs and then, without warning, suffering a serious and life-altering injury, or conversely, being the player on the receiving end of a lawsuit for damages, being responsible to pay in excess of $700k, just for throwing an ill-timed body check. Even if the damage caused was unintentional.
“A person injured during a hockey game does not need to prove either an intent to injure or reckless disregard,” Gomery said. “The injured player must simply show that the injury was caused by conduct that fell outside of what a reasonable competitor would expect in the circumstances.”
So how did Gomrey arrive at the conclusion that the hit fell outside of what a reasonable competitor would expect in a rec league game? Several hockey players were questioned regarding what is fair and what is off limits within the game of hockey.
“Every player who testified stated that a blindside hit to the face is, and was, outside the bounds of fair play,” Gomery said. “They have no place in recreational play, or in any hockey game.”
We all know hockey can be a dangerous game, so if you plan to sign up and take part in a rec league, keep your head up out there.
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