Feb 25, 2014, 5:21 PM EDT
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.
Apr 21, 2014, 2:19 AM EDT
This has happened a few times in these playoffs.
Apr 21, 2014, 1:56 AM EDT
Apr 21, 2014, 1:28 AM EDT
This one could’ve gotten uglier than it did.
Apr 21, 2014, 12:47 AM EDT
Took this game over in the second period.
Apr 21, 2014, 12:20 AM EDT
Patrick Roy: “We’re going to be very smart about when he’s going to come back.”
Apr 20, 2014, 11:44 PM EDT
Apr 20, 2014, 11:28 PM EDT
Was shaken up after taking a knee to the head.
Apr 20, 2014, 10:52 PM EDT
Just another game between these two California rivals.
Apr 20, 2014, 10:34 PM EDT
Jon Cooper straddles the line between snarky and careful.
Apr 20, 2014, 10:09 PM EDT
Tough breaks for Tampa Bay.
Apr 20, 2014, 9:28 PM EDT
Remarkable … and risky?
Apr 20, 2014, 9:05 PM EDT
Kings hope to avoid two straight years of 0-2 first-round deficits.
Apr 20, 2014, 8:59 PM EDT
Tampa Bay’s captain managed to return later in the game.
Apr 20, 2014, 8:27 PM EDT
Classy gesture after 16 seasons with the Predators.
Apr 20, 2014, 7:32 PM EDT
Not exactly an ideal start for Anders Lindback.
Apr 20, 2014, 7:15 PM EDT
He stopped 31 out of 33 in Sunday’s win vs. the Rangers.
Apr 20, 2014, 6:00 PM EDT
Can the Bolts get back in this series?
Apr 20, 2014, 5:54 PM EDT
Milan Lucic scored a goal a game after that spearing incident.
Apr 20, 2014, 4:58 PM EDT
They are playing on opposite sides in the Detroit-Boston series.
Apr 20, 2014, 4:03 PM EDT
They’re down 2-0 to Montreal going into Game 3 tonight.
- Kings’ Dustin Brown: ‘We got our [expletives] kicked’ 0
- Feeding frenzy: Sharks devour Kings to take 2-0 series lead 16
- Canadiens push Lightning to brink of elimination with 3-2 win 22
- WATCH LIVE: Los Angeles Kings at San Jose Sharks (Game 2) 0
- Bruins handle Red Wings 4-1, tie series 1-1 37
- Flyers overcome two-goal deficit to finally win at MSG 59
- NHL suspends Seabrook three games for charging into Backes 90
- MacKinnon, Avs shine against Wild, take 2-0 series lead 25
- Video: Roenick says MacKinnon is more dominant at 18 than Crosby was 28
- Blue Jackets gain first-ever playoff win, tie series with Penguins 1-1 49
- Video: Seabrook ejected for charging Backes; will face hearing (update) (147)
- Video: Lucic spears DeKeyser from behind (116)
- Flyers want to ‘punish’ McDonagh (113)
- Bad luck strikes twice: Lightning goal waved off, Stamkos takes knee to head (99)
- That’s a raise: Flyers sign MacDonald to six-year, $30 million extension (91)