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Bettman, Daly confirm ‘willingness to participate’ in Bertuzzi-Moore trial

Feb 25, 2014, 5:21 PM EDT

Gary Bettman, Bill Daly AP

NHL commissioner Gary Bettman and deputy commissioner Bill Daly are prepared to testify in September’s Steve Moore-Todd Bertuzzi trial, the Globe and Mail reports.

In an email to the Globe, Daly said he and Bettman “have indicated a willingness to participate as required.” This comes after Moore’s lawyer, Tim Danson, had originally included Bettman and Daly in motion compelling them to testify — along with former Vancouver Canucks owner John McCaw Jr.

All three had previously declined requests to come to the trial.

With this latest development, Bettman and Daly have been removed from the motion; the Globe reports Danson will still argue in the Ontario Superior Court of Justice on Thursday to force McCaw to testify.

Here’s more, from the Globe:

Danson wants to question Bettman and Daly about several matters, including their refusal to pay a $220,000 (U.S.) disability payment from the league unless Moore drops his lawsuit against Bertuzzi and the Canucks. Court documents released Tuesday showed that Moore asked Bettman and Daly in 2008 to waive the standard clause in the NHL’s disability insurance agreement with the players that says claimants must drop any litigation against the league or its teams in order to receive the payment. Bettman and Daly declined to do so.

“The collectively bargained disability insurance payment is expressly conditioned on the player signing a release,” Daly said in an e-mail message. “That is a routine provision and is done for obvious reasons including to avoid the potential of double recovery for a single incident or disability.”

Moore is seeking more than $38-million in his lawsuit against Bertuzzi. McCaw sold the Canucks to the Aquilini family in 2007, but agreed to pay half of any judgment the court awards in Moore’s favor against the Canucks.

The civil suit is set to begin on Sept. 8, 2014. It’s a date that’s been a long time in the making — last July, an original Sept. 24, 2012 date was pushed to January 2013, only for that date to be pushed again when Danson learned of a “secret deal” between Bertuzzi and McCaw’s Orca Bay, the former Canucks ownership group.

Here’s more, from CBC:

Bertuzzi and Orca Bay lost an appeal to keep secret the details of an agreement that shares costs between them should they lose the lawsuit brought against them by Moore.

Moore’s lawyer, Tim Danson, learned of the agreement earlier in 2012 and won a decision to have it released to him, but not for public disclosure.

Moore, a member of the Colorado Avalanche at the time of the incident, suffered three fractured vertebrae and a concussion in the attack, and never played another NHL game.

In February of 2012, Bertuzzi signed a two-year, $4.15 million contract extension with the Detroit Red Wings, a deal that bumped his career earnings to nearly $38 million.

  1. rtookey - Feb 25, 2014 at 5:37 PM

    So Moore made $1.5M in his 3yr career, and obviously what Bertuzzi did was completely unacceptable, but he feels he’s entitled to Bertuzzi’s ENTIRE career earnings…

    • nightfireop - Feb 25, 2014 at 5:51 PM

      i wouldn’t blame him, bertuzzi took moore’s life and dreams away and did the worst thuggery ever seen in the sport of hockey. this makes the broad street bullies look like gummy bears on a rainbow.

      • rtookey - Feb 25, 2014 at 6:09 PM

        From what other players said about Moore, he was a cancer to the dressing room and who knows, he may not have even been signed if his career went on. That will all get decided in the courts, but it makes me sick that he would go for that much. Everyone in the states seems to want to hit the lawsuit jackpot and it makes me sick.

  2. bcsteele - Feb 25, 2014 at 5:50 PM

    He wont get all of that, and while what Bertuzzi did was completely unacceptable and my own thoughts pointed towards him being kicked from the league until Moore got back on the ice IF he did (which clearly wont happen).

    All that said, if Moore was reaching for the $220k then he is clearly reaching for straws to keep the lawsuit afloat. I would be looking to settle soon if I were him cause he may stand to lose more if it goes further.

    Not really a right answer for that whole situation; it sucks all around.

  3. sjtorpitt - Feb 25, 2014 at 6:03 PM

    Bertuzzi shouldn’t be here after that, but he shouldn’t need to give up 38mil

    • joey4id - Feb 25, 2014 at 6:23 PM

      Cost of all expenses resulting from the injury + loss if income caused by the injury + punitive damages = $$$$$

      $$$$ is the variable which you have no insight unless you’ve read the documents filed in court.

  4. charlieconway96 - Feb 25, 2014 at 6:28 PM

    This should get pretty interesting. From what we do know of this case, it seems like there could be a whole lot more that we don’t.

  5. skr213 - Feb 25, 2014 at 8:04 PM

    Lotta lawyers here on PHT. (sarcasm) As an actual lawyer, I don’t see much wrong here. No one ever gets what they actually ask for in their lawsuit, so going off that number is a bit silly. Obviously, he should get (1) whatever he would have earned through the remainder of his career, (2) all medical costs (past and future), and (3) some sort of pain and suffering, etc. I don’t know what that number is, but I hope he gets whatever that number is. Bertuzzi made his bed, let him sleep in it.

    • multiplemiggs - Feb 25, 2014 at 9:01 PM

      LOL, And where did you get your degree? University of Phoenix online? As a REAL lawyer, I would say you have no idea what you’re talking about when you say he should be paid what he would have earned through his entire career when that number is virtually non-existent. You know what his value would have been worth if he ever hit free agency at age 27? I’m guessing you also got your psychic degree from the same place! HAHA

      • skr213 - Feb 26, 2014 at 1:03 PM

        A little school by the name of Stanford Law School actually. But thanks for playing.

      • skr213 - Feb 26, 2014 at 1:08 PM

        Writing is one of the key skills of a good lawyer. I’d suggest not capitalizing the “A” in “and,” particularly when it does not start a sentence. Also, it seems that you are confused regarding the future earning element of his damages. You have argued that he would have made very little for the rest of his career – a point I do not disagree with. That point does nothing to disagree with everything I already stated. If he would have made $5 for the rest of his career, then that is what his future earning calculation should be. Like I said, I don’t know what the number is, but what I stated above IS what the damages calculation will be if he wins in the liability stage.

      • multiplemiggs - Feb 26, 2014 at 7:53 PM

        HAHAHAHA And I went to Harvard. LOL! Don’t comment on my spelling when I’m in court all day long doing just that with perfection. I come here to do complete opposite. It thrills me that it bothers you. You’re probably an overweight paralegal who keeps getting denied acceptance at your local law schools. You’re no better than those air traffic controllers who walk around with the hat that says “PILOT” on it HAHAHA Stanford, that was a good one.

    • jimw81 - Feb 25, 2014 at 9:04 PM

      doesnt this expose the nhl to more civil litigation down the road? better yet is Barry Zuckerkorn or Bob Loblaw giving bettman legal advice?

      • thephillyfanclub - Feb 25, 2014 at 9:14 PM

        Haha Bob Loblaw, thats solid, what about Jackie Chiles, or better yet, “Better Call Saul”

    • purpleguy - Feb 26, 2014 at 11:19 AM

      SKR is absolutely correct in the assessment of damages for Bertuzzi’s acts. One of the fundamental damage measures is the loss of income due to the injuries, which in virtually every case is speculative and thus subject to expert testimony. The testimony at trial will attempt to determine what he would have made if not injured, and that will address his abilities, etc. You add the pain and suffering component, and the damages can reach millions (likely not $38M). You’ve got to wonder how much, if anything is coming out of Bertuzzi’s pocket since the Cannucks are named parties and insurance likely is available.

      • patthehockeyfan - Feb 26, 2014 at 2:43 PM

        Wonderful! I clicked on a hockey story and instead got a lesson in law.

        I’m grateful, too, since I’ve been following the Moore – Bertuzzi story.

  6. blomfeld - Feb 25, 2014 at 11:46 PM

    RATTUS ADVOCATUS

    Friends, it’s truly unbelievable when you think that it’s soon going to be 10 years since this ‘regrettable’ incident happened here in Vancouver. Yet you needn’t look far to see who ‘exactly’ is behind this ‘despicable’ grab for cash. Replete with their flowing robes and ‘disingenuous’ double talk, the modern day lawyer is the ‘quintessential’ parasite of our times. Our ‘sorrow or upset’ equates to nothing more than ‘potential’ profit as far as they’re concerned. Now of course, in a better world the lawyer would be relegated to the status of vermin or disease, which is precisely what they are. However this is 2014, and so the lawyer continues to strut ‘happily’ along, fleecing ‘everyone and anyone’ who is weakened or befallen by injury or setback. Nonetheless, their ‘day of reckoning’ is sure to appear soon on the horizon ! Yes sir ! … and when that day comes, and as God would is my witness, the ‘heels of decency’ will be brought down on their miserable heads with an ‘unprecedented and ferocious’ might, such that the world has never seen !

  7. c9castine - Feb 26, 2014 at 1:42 AM

    this comment section says a lot about humanity.

  8. deezenucks - Feb 26, 2014 at 3:04 AM

    Hai gais I’m a real lawyer too!!!

  9. thesublimeylimey - Feb 26, 2014 at 6:29 AM

    That whole incident still makes me shudder. I can’t believe it has dragged on so long, it’s not like they lack video evidence.

    I’m not going to get embroiled in what should happen to Bertuzzi, but he should be culpable for the damages he caused. That wasn’t hockey.

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