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Bertuzzi loses appeal, must show details of agreement with Canucks

Jun 5, 2012, 2:33 PM EDT

Bertuzzi Moore

Back in February, former Colorado player Steve Moore won an Ontario court ruling as part of his lawsuit against Todd Bertuzzi and the company that owns the Vancouver Canucks stemming from the infamous incident in 2004 when Bertuzzi attacked Moore from behind during a game.

Today, we learn that Moore also won the appeal.

The ruling gives Moore’s legal team the right to view an agreement between Bertuzzi and the Canucks that, according to CBC.ca, would have the two parties share the costs should they lose the $38 million lawsuit.

Moore’s legal team wanted to know the details of the agreement since Bertuzzi had formerly been suing former Canucks coach Marc Crawford for allegedly encouraging the attack and the club had been counter-suing Bertuzzi.

Tim Danson, Moore’s lawyer, argued that the agreement was tantamount to a “united front” against his client.

In the appeal, Bertuzzi and the Canucks argued the plaintiff will now be able “to advance the theme to the trier of fact [the jury] at every turn that the defendants have acted in concert to ‘hide’ the facts by ‘paying off’ Bertuzzi to drop the claim against Crawford.”

However, the judge ruled that “the court needs to understand the precise nature of the adversarial orientation of the litigation in order to maintain the integrity of its process.”

As an aside, do you think the Bertuzzi-Moore case was a factor in the Montreal Canadiens’ reported decision to hire Michel Therrien instead of Crawford, the latter of whom will be a witness in the upcoming court case?

  1. govtminion - Jun 5, 2012 at 2:47 PM

    I don’t think the Bertuzzi incident is hanging over Crawford- or if it did, it’s interesting that it affected the thinking in Montreal, but NOT in places like Los Angeles or Dallas, who also have employed Crawford.

    Crawford is the worst kind of slime, as far as this old Avs fan is concerned, and I do hope he’s found culpable in some way for what happened that horrible night, but I’d be surprised if it’s having an effect on decisions in NHL front offices compared to the Stanley Cup ring on his resume.

    • davebabychreturns - Jun 5, 2012 at 2:55 PM

      Or the complete lack of success he’s had since the lockout.

    • habsman - Jun 5, 2012 at 4:32 PM

      Marc Crawford is a maggot. My lasting impression of him is a smirk while Moore was carted off on a stretcher. And yes, I believe it was a major issue in the decision to hire Therrien and rightfully so. And I might add, Brian Burke was just as culpable as Crawford.

  2. superbran17 - Jun 5, 2012 at 3:24 PM

    Moore is just dragging this on isnt he?

    Move on already.

  3. mclovinhockey - Jun 5, 2012 at 3:29 PM

    @ superbran… He can’t walk anymore and lost his main source of income to support his family because of this. You are a scumbag.

    Hope Todd and crawford payout the nose for this.

    • ruddigervancity - Jun 5, 2012 at 3:49 PM

      Since when is he unable to walk?

      • govtminion - Jun 5, 2012 at 4:40 PM

        News to me as well. I know his hockey career was pretty much ended, but I thought he was able to live a pretty normal life off the ice. Or did I miss something?

    • taytay099 - Jun 5, 2012 at 7:31 PM

      Funny, because I heard he was fully able to walk and was even offered a contract by Burke but he rejected and considered it an insult.

      • wingsdjy - Jun 6, 2012 at 9:50 AM

        http://www.cbc.ca/sports/hockey/story/2009/09/25/sp-burke-moore.html

  4. rob1986s - Jun 5, 2012 at 3:33 PM

    The NHL needs to step in and see that this gets settled out of court.
    They don’t want the unwritten rules of NHL players (aka ‘the code’) being brought up in a courtroom. That would be a PR disaster.

    • anthonykornheiser - Jun 5, 2012 at 5:02 PM

      “aka the code” what code is this you speak of?

      • rob1986s - Jun 6, 2012 at 11:21 AM

        http://www.usatoday.com/sports/hockey/nhl/2007-04-04-fighting_N.htm

  5. cameltoews - Jun 5, 2012 at 6:12 PM

    Don’t listen to mclovin. He can walk just fine.

  6. benkerr1 - Jun 5, 2012 at 7:57 PM

    Big issue with Crawford is that the trial for this is scheduled for late september/early october, meaning that it will be a huge distraction right at the start of the season, and a media circus, especially in Montreal.

  7. te139 - Jun 5, 2012 at 8:09 PM

    I don’t like what Bert did and should pay Moore x amount of dollars, however, if you actually watch the play, a lot of analysts believe that when Moores teammate jumped on Bert, that is what caused the most damage. How often do players unexpectedly get punched in the face (especially in front of the net)? It was a freak accident, move on!

  8. canuckinamerica - Jun 5, 2012 at 8:29 PM

    Te139. Punched in the face? Freak accident? You are a complete imbecile. Bert hit him from behind and Moore never saw it coming. Then the much larger Bert jumped on him once he fell and kept hitting him. As to “the code”….he answered the bell earlier and dropped the gloves, albeit with someone in his own weight class. As someone who enjoys watching players “throw ‘em” and peruses hockey fights.com I can honestly say this was an egregious act of violence. Doubt you will understand what that means, but suffice to say, you are still an absolute moron.

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