Lawyers for a former Canadian Football League star receiver have filed leave to appeal to the Supreme Court of Canada after lower courts dismissed his lawsuit over repeated concussions he says he suffered as a player.
Court documents say Arland Bruce III is seeking damages for “permanent and disabling” repetitive head trauma that he alleges he sustained over 13 years.
In court documents, Bruce says he continues to suffer post-concussive symptoms including depression, paranoia, delusions and other medical issues.
The CFL has 30 days to file a response with the Supreme Court.
The league did not immediately respond to requests for comment.
British Columbia’s Supreme Court and Court of Appeal have dismissed the suit because Canada’s top court has previously ruled that unionized employees must use labour arbitration _ not the courts _ to resolve disputes that arise from their collective agreement.
But Bruce’s lawyer Robyn Wishart argues in court documents that the CFL collective bargaining agreement is unusual because players have no long-term disability insurance plan and are not entitled to workers’ compensation.
She argues that closing the courthouse door to professional athletes like Bruce leaves a highly vulnerable class of worker without redress for serious injuries and sets a dangerous precedent for other non-traditional industries.
– CP
