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.
Jul 25, 2014, 4:05 PM EDT
He was taken with the fourth overall pick.
Jul 25, 2014, 3:00 PM EDT
Two-time Stanley Cup winner played last season with KHL club HC Donbass.
Jul 25, 2014, 2:00 PM EDT
“I wish I had a really good answer — where this came from and why, and how it came about — but I don’t, to be honest.”
Jul 25, 2014, 1:01 PM EDT
“We’re hoping the change of scenery is going to do him good.”
Jul 25, 2014, 12:09 PM EDT
But not before having played his first NHL game since 2009-10.
Jul 25, 2014, 11:11 AM EDT
“It’s a fairly simple one because Marc wants to be here,”
Jul 25, 2014, 10:13 AM EDT
The 32nd overall pick at the 2009 NHL Entry Draft.
Jul 25, 2014, 9:00 AM EDT
He made his NHL debut with Washington last season.
Jul 25, 2014, 8:00 AM EDT
Friday’s collection of links.
Jul 24, 2014, 11:08 PM EDT
In other words, they want him to be a shutdown center
Jul 24, 2014, 10:14 PM EDT
Eriksson’s looking to bounce back after suffering two concussions last season.
Jul 24, 2014, 9:06 PM EDT
He’ll get a fresh start after struggling with Vancouver.
Jul 24, 2014, 8:00 PM EDT
He’s coming back after testing the free agent waters.
Jul 24, 2014, 6:57 PM EDT
It’s that time of the year.
Jul 24, 2014, 5:53 PM EDT
He started in nine games for the Flames last season.
Jul 24, 2014, 4:42 PM EDT
The Canucks selected him with one of the picks they got from the Ryan Kesler trade.
Jul 24, 2014, 3:31 PM EDT
The two sides managed to avoid arbitration despite a $1.45 million gap on a one-year deal.
Jul 24, 2014, 3:15 PM EDT
Alternately known as “the guy Boston got for Vladimir Sobotka.”
Jul 24, 2014, 2:19 PM EDT
Journeyman split last season between the Rangers and Penguins.
Jul 24, 2014, 1:20 PM EDT
Offensive d-man led all Colorado blueliners in goals last year, with 13.
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- Leafs hire 28-year-old stats advocate as assistant GM 30
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- Babcock fires back over allegations that free agents avoid him (77)
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