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.
Aug 23, 2014, 2:07 PM EDT
After solid 2012-13 season, the Ottawa native struggled last season.
Aug 23, 2014, 1:03 PM EDT
New-look first line has big shoes to fill.
Aug 23, 2014, 12:01 PM EDT
Appears close to 100 percent healthy.
Aug 23, 2014, 11:01 AM EDT
Signs minor league deal with Bridgeport.
Aug 23, 2014, 10:02 AM EDT
Could be the Sens’ future starter with Craig Anderson set to become an unrestricted free agent.
Aug 23, 2014, 9:00 AM EDT
For once, no rehab and no new head coach.
Aug 23, 2014, 8:00 AM EDT
The post-Spezza era begins.
Aug 22, 2014, 11:00 PM EDT
The dynasty-era is well-represented in voting, as expected.
Aug 22, 2014, 10:00 PM EDT
The slogan is “Tradition on Ice.”
Aug 22, 2014, 8:30 PM EDT
Not exactly blasting his former employers.
Aug 22, 2014, 7:14 PM EDT
The TMNT pajamas really put it over the top.
Aug 22, 2014, 5:44 PM EDT
“We’re waiting for somebody now to step forward and take charge of this team.”
Aug 22, 2014, 4:22 PM EDT
Despite missing 11 games, he set many career-high numbers.
Aug 22, 2014, 3:01 PM EDT
Spent the summer relocating his family to the Manitoba capital.
Aug 22, 2014, 2:05 PM EDT
Speculation on MLSE President & CEO’s next move.
Aug 22, 2014, 1:32 PM EDT
Disappointed with demotion last season, 20-year-old will get another shot in September.
Aug 22, 2014, 12:14 PM EDT
Has to get his team on the winning track.
Aug 22, 2014, 11:15 AM EDT
Helps friend raise awareness at charity event.
Aug 22, 2014, 10:30 AM EDT
Excess of defensemen has GM Peter Chiarelli in a bind.
Aug 22, 2014, 10:05 AM EDT
At 23 years old, he’s one of the best players in the NHL.
- Under Pressure: Turris, MacArthur & Ryan 1
- It’s Ottawa Senators day on PHT 7
- Report: Leiweke to head up Olympic bid in Los Angeles 11
- In praise of John Tavares 14
- It’s New York Islanders Day at PHT 26
- McDavid on teams possibly tanking for him: ‘It’s pretty crazy’ 19
- Fanspeak: Lemieux (stunner!) voted greatest Penguin in franchise history 39
- Under Pressure: Mike Johnston 17
- It’s Pittsburgh Penguins Day at PHT 33
- Captain no more: Sharks strip Thornton of ‘C’ 47