Knockwood v. Cormier, (1995) 167 N.B.R.(2d) 147 (TD)

• Judge: Paul S. Creaghan, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: September 18, 1995
• Jurisdiction: New Brunswick
• Citations: (1995), 167 N.B.R.(2d) 147 (TD)

Knockwood v. Cormier (1995), 167 N.B.R.(2d) 147 (TD);

    167 R.N.-B.(2e) 147; 427 A.P.R. 147

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Toby Knockwood (plaintiff) v. Paul Cormier (defendant)

(M/C/1138/92)

Indexed As: Knockwood v. Cormier

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Moncton

Paul S. Creaghan, J.

September 20, 1995.

Summary:

The plaintiff sued the defendant for dam­ages for personal injuries received during a hockey game.

The New Brunswick Court of Queen's Bench, Trial Division, dismissed the action, but provisionally assessed damages.

Damage Awards - Topic 110

Injury and death - Head injuries - Nose - The plaintiff was injured when he was cross-checked in the face during a hockey game - The plaintiff suffered multiple fractures to the face around his nose (i.e., a telescoping of his nasal bones into the interorbital complex) - Surgery required - Fractures repaired by miniplates and screws - Hospitalized a week - Subsequently had continued asymmetry of an eye repaired and a further bone graft to his nose - Pain and suffering acute during reconstructive surgery and recovery period - Lifestyle not permanently affected - Able to resume playing hockey - No permanent disability - The New Bruns­wick Court of Queen's Bench, Trial Divi­sion, provisionally assessed $15,000 non­pecuniary general damages - See para­graphs 11 to 23.

Damage Awards - Topic 117

Injury and death - Head injuries - Facial injuries - [See Damage Awards - Topic 110 ].

Torts - Topic 3188

Trespass - Assault and battery - During sports and games - During a hockey game, the plaintiff observed the defendant cross-checking a teammate - The plaintiff rushed to his teammate's aid intending to fight with the defendant - The defendant had his back to the plaintiff but suddenly turned around to face the plaintiff who was almost upon him - The defendant reacted by raising his arms and stick striking the plaintiff in the face and causing serious injuries - The New Brunswick Court of Queen's Bench, Trial Division, dismissed the plaintiff's damages action where the defendant, although acting contrary to the rules, did not have a premeditated intention to cause bodily injury so as to take the situation beyond the limits to liability contemplated by participation in a rough contact sport like hockey - See paragraphs 1 to 10.

Torts - Topic 3200

Trespass - Assault and battery - Defences - Consent - [See Torts - Topic 3188 ].

Torts - Topic 6728

Defences - Consent - Assumption of risk - Implied consent - Sports and games - [See Torts - Topic 3188 ].

Cases Noticed:

Martin v. Daigle (1969), 1 N.B.R.(2d) 755 (C.A.), refd to. [para. 2].

Agar v. Canning (1966), 54 W.W.R.(N.S.) 302 (Man. Q.B.), refd to. [para. 3].

Gaudet v. Sullivan et al. (1992), 128 N.B.R.(2d) 409; 322 A.P.R. 409 (T.D.), refd to. [para. 4].

Counsel:

Wynn W. Meldrum, for the plaintiff;

Yvette Finn, for the defendant.

This case was heard on September 18, 1995, before Paul S. Creaghan, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Moncton, who delivered the following decision on September 20, 1995.