ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO.: 08-CV-366572
DATE: 20150901

BETWEEN:

ROBBIE LEVITA
Plaintiff

– and –

ALAN CREW and TRUE NORTH HOCKEY CANADA
Defendants

David J. Levy and Sandra Train for the Plaintiff

Rod Refcio and Sachit Tatavarti for the Defendant, Alan Crew

David Barbaree, for the Defendant, True North Hockey Canada

HEARD: December 1, 2, 3, 4, 5 and 8, 2014

REASONS FOR JUDGMENT

Firestone J.

Introduction

[1] This action arises out of an incident on November 20, 2006, in which the plaintiff, Robbie Levita (“Levita”), sustained a fractured right tibia and fibula while playing recreational hockey in a league operated by True North Hockey Canada (“True North”). As a result, he required closed reduction followed by open reduction and internal fixation surgery with the insertion of 2 plates and 18 screws. Levita seeks damages from True North and a player from the opposing team, Alan Crew (“Crew”). Levita claims that he is unable to participate in recreational, household, employment and athletic activities. He seeks general non-pecuniary damages in the sum of $100,000 to $110,000 as well as special damages consisting of a subrogated claim on behalf of Great West Life Assurance Company in the sum of $4,422.73 for benefits paid by it to Levita under a group plan. Levita claims that Crew intentionally or recklessly checked him into the boards from behind in contravention of the rules of play in the league, causing Levita to fall into the boards. Levita claims that True North knew or should have known that Crew was a dangerous player, and failed to take adequate steps to protect the safety and security of players in the league.

[2] For the reasons that follow this action is dismissed.

The Parties

[3] Levita resides in Richmond Hill, Ontario with his common-law spouse and his three-year-old daughter. At the time of the incident, he was a 36-year-old lawyer and lived alone.

[4] Crew is a business manager. At the time of the incident, he was 32 years old.

[5] The defendant True North is a recreational non-contact hockey league co-owned by Steve Edgar (“Edgar”) and Edmond Daniel Mayhew (“Mayhew”). Edgar is the president and CEO. Reporting to Edgar are Peter Coleman (“Coleman”) (as Coleman Enterprises Incorporated) who is the referee-in-chief, and Dawn Stringer (“Stringer”), the chief administrator.

[6] As referee-in-chief, Coleman administers, hires, and pays all of the referees in the league. He also assists in drafting the rules of play.

[7] As chief administrator, Stringer oversees the tier administrators, each of whom is responsible for one night of play. Stringer also reviews any incidents requiring discipline and determines expulsions from the league.

[8] True North games are non-contact, which means there is no body checking, cross-checks, or shoving into the boards permitted. True North’s market is men who enjoy playing hockey but still need to be able to go home to their families and get up for work the next day.

Levita’s Hockey History

[9] Levita joined True North in 2000. He and his friend Jesse Nussbaum (“Nussbaum”) had played hockey when they were younger, but had fallen out of practice and were looking for a recreational league in which they could improve their skills and expand their social network. They decided to join True North. Levita testified that he specifically chose True North because he wanted to play a safe form of hockey in which he was unlikely to get injured.

[10] When Levita first joined the league, he spent the first part of the season in what amounted to a “hockey school”, and focused on drills and practising skills. Once he and his teammates graduated from that program, they formed a team that became the “Buds.” The Buds began playing at division “E”, which signifies the lowest skill level in True North. As the years passed, the team ascended levels to eventually arrive at division “A”, the highest skill level. This was the level at which they were playing the night Levita was injured.

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