Whitehorse Daily Star

Action migrates from the ice to the courts

Weak hockey reffing is now grounds for a lawsuit.

By Christopher Reynolds on May 2, 2014

Weak hockey reffing is now grounds for a lawsuit.

A hockey player in Whitehorse's adult recreational league is suing two referees and a fellow player following a "heated and chippy” game that resulted in a concussion for the plaintiff.

Hugo Bergeron launched the legal action last week against Adam Briggs and Phil Borgel — the referees — and Ronald (Gus) Morberg, a player.

On Oct. 22, 2012, Bergeron's New Age Drilling Warriors faced off against Morberg's Murphy Built Southern Lakes in what looked like just another game at the Takhini Arena in a no-contact league.

"As the game progressed, the play became more aggressive, heated and chippy but few penalties were called, notwithstanding a progression in the number of infractions,” reads the statement of claim.

As they were skating off the ice at the end of the first period, the referees were warned by at least one player that "unless they started calling penalties for the infractions on the ice and thereby getting the game under control, someone was going to get injured,” the suit states.

New Age was beating Murphy Built 5-3 five minutes into the second. By that point, three penalties had been called for hooking, slashing and tripping.

Just before the 15-minute mark, along the blue line near the penalty box, "Bergeron stepped in front of the defendant Morberg (a forward) andpoke-checked the puck” from his stick.

As Bergeron started to pass the puck to a teammate, "Morberg negligently checked the plaintiff from behind and, as a result, the plaintiff fell forward to the ice, hit his head against the ice and suffered a concussion,” according to the suit.

A penalty was called against the forward, but only after it became apparent that Bergeron was not getting up.

Later, when the severity of the injury became clearer, Morberg went from the penalty box to the locker room in a game misconduct.

"By reason of this negligent conduct by the defendants, Morberg, Briggs and Borgel, the plaintiff has sustained physical injuries and other loss and damage,” the statement of claim says.

These include "severe concussion,” "traumatic brain injury,” soft tissue damage to the neck and back, and "psychological injuries.”

Nearly a dozen other physical and cognitive issues are cited, including memory problems, "inability to multi-task,” "change in personality” and depression and anxiety.

Bergeron claims the concussion has resulted in a loss of earning capacity, "enjoyment of life” and "homemaking capacity.”

He has claimed general and special damages as well as legal costs and interest.

"The referees failed in their duty to ensure a safe playing environment for the players. The referees, as officials of CARHA (Canadian Adult Recreational Hockey Association), are responsible for ensuring that all games played are done so in a safe and respectful manner.

"The negligent conduct by the defendant Morberg was not part of the game of hockey and did not meet the applicable standard of care of a player in the CARHA league.”

The suit notes the fateful game "was the first and last time that Briggs was a referee in the CARHA league.” He donned the #5 jersey with Murphy Built less than a week after the incident.

None of the parties to the suit could be reached for comment.

The three defendants have three weeks from when the suit was filed — April 22 — to file a statement of defence.

A case management conference is scheduled for July 2.

Whether the lawsuit is unprecedented in the Yukon was not apparent, though likely few hockey officials in local adult recreational leagues anticipate a lawsuit as the consequence of lax refereeing.

The consequences of concussions in sports, particularly hockey and football, have received mounting attention over the last few years.

In 2011, the notorious hit against Sidney Crosby, Canada's wunderkind and the Pittsburgh Penguins' captain, triggered a nationwide conversation about head injuries in hockey.

Escalating data show the effects of concussions persist long after a player is stretchered off the ice.

A 2014 study from the Hockey Concussion Education Project analyzed the brains of varsity hockey players and found evidence of long-term neurological changes stemming from recurrent concussions.

The project backed up evidence of "cumulative and long-lasting effects on memory, judgment, social conduct, reflexes, speech, balance and co-ordination,” according to a 2010 article in the Journal of Neurosurgery.

Comments (21)

Up 13 Down 4

Disillusioned Hockey Player on May 12, 2014 at 6:58 am

It is truly unfortunate that Hugo sustained such severe injuries.

The only thing that will happen from this is the complete cancellation of Rec hockey as there will be no one willing to ref the games and the insurance will be too high. The increased insurance costs was the demise of Senior League (full contact) hockey across this country. Now it will be the demise of Rec Hockey too.

Up 16 Down 9

support the lawsuit on May 11, 2014 at 8:11 am

I have played contact sports all my life. Football, rugby and hockey and when you know the game is contact you are prepared mentally and physically that contact is part of the game. These contact sports were some of the best times I had in life, both hitting and getting hit. Truly made me feel alive when in a good ruckus. But now at 46 years old when I step on the ice and the rule says no contact my guard is down, I am no longer as fit or reactive and choose to skate hard, have fun and assume no contact. When these jackasses loose their cool and hit someone, whether that person is looking or the hit is from behind it is my opinion they should be sued. The Rec and old-timers league have a few bozo's playing, every player/league directors know who they are. The perennial tools should not even be allowed to sign up.

Back in the day dropping the gloves, hitting and getting hit was a blast but I need to go to work the next day and be there for my wife and children's future. I hope the damages are huge!!!!! and league directors deal with the bozo's at registration. This way the guys who still love the game can just play hockey.

Up 19 Down 18

FCO on May 8, 2014 at 10:07 am

Such a pitiful waste of the courts time.

Up 17 Down 4

Concerned for the Game on May 8, 2014 at 8:06 am

I am taking the comments in the article for fact but admit that it may be one side of the issue. That said, it was a REC hockey league. The league has an insurance policy through CARHA and I am sure it will kick in if there are damages. However, if a REC player acts with an intent to injure, he is subject to being charged with assault (and should be). Lets face it, a hit from behind to a person's neck certainly shows intent.

The referees in my opinion cannot guess what a player is about to do, but they do have a duty to control the game. That does not just mean call penalties as they are written in a rule book. It means control the game, and throw people out of a game before it gets out of hand.

This REC league does not have a mandatory requirement (for the year in question) to have certified referees and I know at least one of them was not certified. The court case is not a joke if the affected person has suffered injuries. It's no different if the injury was sustained in a car accident, the person at fault is liable. It's the attitude of hockey players that needs to change from players, coaches and refs..

Up 25 Down 2

JS on May 8, 2014 at 1:49 am

So many have had this happen or some other injury from hockey. I don't even play in the league and I know this. No one should have this happen. But in hockey, it does.

Up 25 Down 23

concussions aren't a joke on May 7, 2014 at 3:19 pm

When you play rec hockey you don't anticipate that your brain will be permanently injured because you signed up for a FUN game. What the hell is wrong with all the hockey jocks at the top of the comment list saying he's a pussy? That's why my kids will NEVER play hockey; bad attitudes, violence which is promoted and encouraged, not to mention that enforcers are glorified brutes paid to beat the heck out of the other teams players. And the enforcers have had their fair share of concussions and suicides lately, haven't they? You think he's a joke bringing forth a complaint to the courts? I think your so called 'sport' is a joke if concussions and violence and arrogance are part in parcel of chasing a puck.

Up 26 Down 28

spud on May 7, 2014 at 12:37 pm

Well guys - I played hockey into my late 50s, all over Western Canada. This is supposed to be a Rec. League with no contact. If the printed article is accurate then I salute the victim for taking this action. Consider he is a young man with a young family and can no longer provide for them in the manner they are accustomed to and deserve.

The victim should be awarded a minimum of 3 million dollars which would not make things right for him but at least his wife and children would be somewhat looked after.

Up 46 Down 0

Respect your fellow competitors on May 7, 2014 at 6:28 am

That was the question I had also, don't you sign a waiver that speaks to this?

With that said, there are wing nuts in every league everywhere, it does not take long to pick them out. Leagues need to come down hard on these guys that have no respect for the people they are playing a game with!

Suspend them, if they mess up again they should be booted out for a season, then you will see a change in the behavior of the NHL wannabes!

Up 37 Down 6

sprucetip on May 7, 2014 at 6:08 am

Of course it's horrible that he is injured and unable to work but this happens to a lot of people who don't go suing everyone in sight. Most realize that they take a risk playing a sport.

Hockey is a rough sport that carries a high risk, no two ways about it.

The refs can only do so much and see so much. Not sure you people realize how desperate some leagues are for refs. Ref #'s are dropping because of the abuse they get from players, coaches, parents, etc. Most refs do it because they love the game and want to help out the leagues.

Now they're getting sued, this is insane.

How about players take some accountability and act like adults!? This behavior is not acceptable in any sport, let alone a rec hockey league.

"This sort of BS will be the death of recreational sports" - so true, especially if he wins. Better start playing those ref-less sports, people.

Up 25 Down 8

Wayne on May 6, 2014 at 10:30 pm

Do rec league players sign a waiver?

Up 56 Down 14

BnR on May 6, 2014 at 5:09 am

I see his friends and students must be actively checking this site....

Head injuries are not a laughing matter, and I feel sorry for him, BUT, hockey is a high risk sport, and you tacitly accept that when you step onto the ice, even in "rec" league. Head injuries can occur in any sport, but in this case, there are people to sue, so I guess he's doing what he feels he needs to. The outcome will be nobody wanting to be referees in any sport, because they might get sued.

And I still don't see how the refs could have stopped this hit, they aren't psychic. Hits like this can happen at any time. Accidents happen.

Up 28 Down 14

Tina Coolman on May 5, 2014 at 11:05 am

Sad story...I've had a number of great teachers throughout my life (and more than a few bad ones). He was my teacher for two years. He is incredibly kind, generous, creative, and intellectually stimulating. He knew how to challenge students at different levels within the class. He made everything so much easier to understand and actually teaches how to learn. Good luck, best teacher ever! I miss you.

Up 30 Down 25

morgan yuill on May 5, 2014 at 9:26 am

One thing you guys don't know about this hit, is in the days after he could not even remember his own daughters name. He also couldn't remember how to tie his shoes, so this is not just a 'small hit.' Also it's not a waste of time, it's a serious matter that is going to affect him for the rest of his life.

Up 134 Down 31

Kalli Schneider on May 5, 2014 at 8:31 am

To everyone saying that this is BS and a joke; I may not be that old but it's been almost 2 years since he got this injury. It was a recreational game and you're not supposed to get that physical in the game. He has lost his short term memory. Even though it obviously hasn't affected you guys, it has affected his family and even the students that he taught. And I know that because I am a student he taught.

Up 119 Down 41

marguerite.kuiack on May 5, 2014 at 8:00 am

The ref has a job to do and should be held accountable to that job. There is a reason they are there. We expect that refers to making calls that are consistent and fair and that maintains the safety of players and integrity of the "sport". I feel for the ref but let's get serious folks, they need not only to be watching out for this stuff but actually calling it!

Up 126 Down 48

Denise Schneider on May 5, 2014 at 7:48 am

And how many of you have been out of work for 19 months after being checked from behind in "recreational" hockey? If that's what putting on your big boy pants entails, what a great example.

Up 50 Down 112

Steve Moore on May 4, 2014 at 3:37 pm

It was only a matter of time Hugo. What a joke.

Up 79 Down 124

BnR on May 2, 2014 at 1:57 pm

Welcome to America North.

This sort of BS will be the death of recreational sports. Way to go Hugo. Stuff happens in hockey, and refs only call what's already happened. Maybe take up knitting.

Up 78 Down 125

Steve Gartner on May 2, 2014 at 12:48 pm

Unless these refs possess some superpower that allows them to see the future I don't see how this could have been avoided... if a player is intending to take a poke at you...the best you can expect is that a penalty is called...Hockey has always had some contact, it's time to put on your big boy pants and assume some responsibility.

Up 79 Down 127

hockey player on May 2, 2014 at 8:55 am

What a joke this is. It's a hockey game, you know the risks of playing the game. This is a waste of the courts time. Not too mention the players and refs. Again, the only people that are going to win out of this are the lawyers for this nonsense.

Up 93 Down 147

damien lankow on May 2, 2014 at 8:14 am

If you don't like it don't play. It's hockey. Join figure skating.

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