May 15, 2014

Kevin Gourlay

Reasons today from Madam Justice Fisher in Franson v. Caldarella, 2014 BCSC 853.  Current Toronto Maple Leaf and former Vancouver Giant was injured in a car accident in 2008.  In this lawsuit, he alleges that the injuries he suffered in that accident delayed his entry into the NHL resulting in significant lost earnings.

The defendant opted for a jury trial.  On this application, Mr. Franson sought to strike the jury and have his case tried by a judge alone, arguing that the jury would have to understand the nuances of the NHL’s collective bargaining agreement and complicated expert evidence regarding Mr. Franson’s NHL prospects.  Justice Fisher disagreed and allowed the 14-day trial to proceed with a jury.


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