The Quebec Superior Court ruling awarding $8 million to an injured hockey player is facing a legal question.
The defence in the case of Andrew Zaccardo, the player left paralyzed by an illegal hit during a Midget AA game in 2010, has formally appealed the ruling made by Quebec Superior Court Justice Daniel Payette on February 3, according to a CBC News report.
Payette said in his 24-page decision that the illegal hit on Zaccardo was not accidental, finding defenceman Ludovic Gauvreau-Beaupré at fault and responsible for paying the award, along with Chartris Insurance Company of Canada, which insures hockey players.
The defence claimed in its appeal request that Payette made several errors, including his dismissal of the referee’s testimony and his conclusion that a player does not assume risks in a hockey game.
The defence argued that since physical contact is part of the sport, players take responsibility for taking hits or getting injured once they step on the ice.
"The judge was misguided in concluding that even in the case of a contact sport like hockey, where physical contact is permitted, the participant does not assume the risk of another player's mistake,” the appeal request stated, as quoted by CBC News.
“Many regulations exist to allow for penalties to be given by the referee to punish behaviour that goes against the rules, all of which is part of the game,” the document also said.
The $8 million granted to Zaccardo is considered to be the highest amount of money ever awarded in a case involving hockey violence in Canada.
