Mar 11, 2016
B.C. judge rules in favour of CFL in concussion lawsuit
Judge rules complaint from Arland Bruce III should be heard under the league’s collective bargaining agreement, not as a civil action.
By Dave Naylor
The Canadian Football League has scored a victory in its defence of a concussion lawsuit launched by former player Arland Bruce III, with a judge ruling on Friday the complaint should be heard under the league’s collective bargaining agreement and not as a civil action against the league.
“I find that the disputes raised by Mr. Bruce arise from the 2014 Collective Agreement and can only be resolved through the grievance and arbitration process,” wrote Chief Justice Hinkson of the Supreme Court of British Columbia. “In the result, I find that this court lacks the jurisdiction to entertain Mr. Bruce’s claim and order that his notice of civil claim be struck entirely.”
Bruce, who played with five teams in the CFL from 2001-13, alleges he suffered a concussion during a game in September of 2012, when he was a member of the B.C. Lions, then was allowed to return for a playoff game seven weeks later “despite still suffering from the effects of concussion.”
He also alleges he was cleared to play the next season for the Montreal Alouettes despite “displaying the ongoing effects of concussion to medical professionals and coaching staff.”
The league argued that the suit be thrown out and Bruce’s case go to arbitration under terms of the league’s collective agreement, a position with which Justice Hinkson concurred.
“The CFL is very pleased with the Court’s decision,” said a statement released by the league on Friday. “We hope that this decision brings finality to any proceedings in the courts with respect to concussion litigation against the CFL.”