B.C. Court of Appeal dismisses former CFL player Arland Bruce III's lawsuit

The British Columbia Court of Appeal unanimously dismissed former player Arland Bruce III's concussion lawsuit against the CFL on Friday.

Case to be appealed to Supreme Court of Canada next

British Columbia Court of Appeal ruled against former CFL player Arland Bruce III's concussion lawsuit against the CFL. (Frank Gunn/The Canadian Press)

The British Columbia Court of Appeal unanimously dismissed former player Arland Bruce III's concussion lawsuit against the CFL on Friday.

It upheld a lower court decision that stated issues raised in Bruce's lawsuit are part of a collective bargaining agreement between the league and the CFL Players' Association.

In March, B.C. Supreme Court Justice Christopher Hinkson dismissed the case, saying in a written ruling the issues raised in Bruce's legal action should be resolved through the grievance and arbitration process as outlined in the CBA, not the courts.

The defendants included the CFL, former commissioner Mark Cohon and all nine league teams.

Bruce, 39, had originally named neuroscientist Dr. Charles Tator, the Canadian Football League Alumni Association and its executive director, Leo Ezerins, in the suit. But the action was discontinued against them as they were not bound by collective agreement.

Bruce's lawyer Robyn Wishart said an application for an appeal to the Supreme Court of Canada will be made.

Comments

To encourage thoughtful and respectful conversations, first and last names will appear with each submission to CBC/Radio-Canada's online communities (except in children and youth-oriented communities). Pseudonyms will no longer be permitted.

By submitting a comment, you accept that CBC has the right to reproduce and publish that comment in whole or in part, in any manner CBC chooses. Please note that CBC does not endorse the opinions expressed in comments. Comments on this story are moderated according to our Submission Guidelines. Comments are welcome while open. We reserve the right to close comments at any time.