B.C. Court of Appeal dismisses former CFL player Arland Bruce III's lawsuit
Case to be appealed to Supreme Court of Canada next
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.