Junior Hockey Lawsuit

[Rockslinger]

Heard on the radio this morning that the parents of two junior hockey players are suing the league because their sons didn't make the team and have suffered a permanent loss of self-esteem.

Guys, the next time you are "declined" by a woman, sue her for damages. Hee, hee, hee.

 

[fuji]

There should be a reality TV show, survivor style, in which soccer mom's get together and fight it out to see whose kid gets a sports scholarship.

 

[fun-guy]

What a joke, now we'll have parents of all sports suing the club if they're kid doesn't make the team, even if they are the worst player of all the tryouts. What's even more ridiculous is the we allow these kinds of frivilous cases to tie up our court system. What is this world coming to.

 

[Rockslinger]

What a joke, now we'll have parents of all sports suing the club if they're kid doesn't make the team, even if they are the worst player of all the tryouts.

Why limit it just to sports? Anybody got passed over for a promotion at work? Hee, hee, hee.

 

[Possum Trot]

Farking lawyers.

 

[biog]

The kids should sue their parents for passing on a gene pool that made them unable to make the team.

 

[wazup]

This isn't the US where you can sue without consequence, I believe they could be on the hook for the lawyers fees of the defendants if they lose. Maybe a lawyer could confirm or deny this.

 

[landscaper]

the lawyers fees and who is respsonsible for what amount are generally part of the final settlement agreement, although a judge can in fact decide them if the parties can not agree.

This is strange even for a law suit. The league is not a houseleague , you don't get to play just by showing up you do have to qualify for the team on ability, you know that old thing , actually being better at something than the other guy. Apparantly the parents are new age types who believe that just show up and put in an effort is good enough.

They have a surprise comming

 

[Aardvark154]

Farking lawyers.

Hopefully there is something more to this case than the bare bones here.

Presumably Ontario has a rules of civil procedure provision that one must certify that you believe a case has merit before you proceed with it, and that sanctions can be levied.

 

[toguy5252]

Very often with story's like this there is more to it than a radio reporter gets. In Ontario there must be a claim which is sustainable in law, that is a type of action recognized by the law or the defendant will bring a motion before a judge to have it dismissed and the plaintiff, likely one or both of the parents can be liable for substantial legals fees of the other die in addition to their own.

My guess is that there is more to the story but you never know. There are crazy parents and for sure crazy lawyers.

 

[Rockslinger]

If these nutty parents lose in a court of competent jurisdiction, they will probably then file a complaint with the nutty Human Rights Commission arguing that their sons suffered discrimination because they are shitty hockey players.

 

[C Dick]

There could easily be more to the story. Perhaps they were long-time members of the team, and were cut this year because there was a new coach who did not like their parents, even though they were among the best players on the team? I have no knowledge of this particular situation, but I do know that the world of minor hockey is full of some of the most petty and pathetic activities by parents. But I am not sure that the courts are really the best forum to resolve those things. It is the nature of a team sport that you must give a lot of control of your life to the team, if that were not so, the team could not function. It would be nice if coaches and administrators were always fair and reasonable people, but it does not work that way.

 

[Rockslinger]

Perhaps they were long-time members of the team, and were cut this year because there was a new coach who did not like their parents, even though they were among the best players on the team?

Sounds like grounds for a protest march. The parents and their supporters should go block the intersection at Queen and Spadina. Just kidding.

 

[HG Hunter]

There was an article in yesterday's Star about this that gave a few more details.
One of the parents claimed that "Their direct actions have caused irreparable psycological damage to "son's name's" self esteemas an impressionable teenager and demoralized "son" as an athleteand team hockey player with his peers."

IMHO, if this teenager is so fragile emotionally, there's no way he should be playing COMPETITIVE sports. What's would happen if his team made the championship and lost? Or if, heaven forbid, he ever missed a scoring opportunity? Or accidentally scored a goal on his own net?
This is the kind of youngster who will need his mommy or daddy to come with him for a job interview later in life.
When I read the article, I couldn't believe it.

 

[toguy5252]

People should not confuse commencing a legal action with winning a legal action. Anyone with the cost of issuing a Statement of Claim can commence an action. Winning is a very different thing.

 

[Rockslinger]

People should not confuse commencing a legal action with winning a legal action. Anyone with the cost of issuing a Statement of Claim can commence an action. Winning is a very different thing.

There should be a penalty to discourage filing frivolous lawsuits. What is the downside risk to the parents if they lose? I understand the parents are seeking $25,000. How about they pay $25,000 if they lose?

 

[Aardvark154]

People should not confuse commencing a legal action with winning a legal action. Anyone with the cost of issuing a Statement of Claim can commence an action. Winning is a very different thing.

Toguy, is there not an Ontario version of the well known Rule 11 of the (U.S.) Federal Rules of Civil Procedure (also adopted by many states).

"By presenting to the court a pleading, written motion, or other paper. . . . or later advocating it," you, the Lawyer are held responsible "that the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law" and the court can sanction violators.

http://www.law.cornell.edu/rules/frcp/Rule11.htm

 

[Rockslinger]

Toguy, is there not an Ontario version of the well known Rule 11 of the (U.S.) Federal Rules of Civil Procedure (also adopted by many states).

This is interesting. I saw a story on 60 Minutes a while back about this female lawyer in the U.S. who makes a living ($300,000 annually) filing frivolous lawsuits against corportions (coffee too hot, hamburger too salty, silly stuff, etc.) and then agreeing to an out of court settlement. How does she get away with doing this?

 

[Aardvark154]

This is interesting. I saw a story on 60 Minutes a while back about this female lawyer in the U.S. who makes a living ($300,000 annually) filing frivolous lawsuits against corportions (coffee too hot, hamburger too salty, silly stuff, etc.) and then agreeing to an out of court settlement. How does she get away with doing this?

Not having seen the program, a good question if the suits truly are frivolous.

Also, it is possible that the suits are being filed in state court, in states which have not adopted a version of Rule 11.

The salty hamburger - without further details does sound frivilous unless the amount of salt is massively over medical recomendations and the hamburger company has been warned about that by the FDA or USDA or local Resturant Inspectors etc. . .

The hot coffee was the person severely burned (à la McDonalds) and as in that case did the defendant have notice that the coffee was dangeriously hot. Big difference between ouch I burned my mouth, and skin grafts.

Of course as in insurance claims and divorce cases sometime it costs less to settle than it does to litigate.

 

[toguy5252]

There should be a penalty to discourage filing frivolous lawsuits. What is the downside risk to the parents if they lose? I understand the parents are seeking $25,000. How about they pay $25,000 if they lose?

There is a penalty in the costs (which can be substantial) that will be assessed against the Plaintiff who is likely the parent who would likely be the litigation guardian of the minor.