[News] Evander Kane faces lawsuit over alleged assault

[sureLoss]

http://www.cbc.ca/news/canada/manito...ault-1.2596737

In a notice of civil claim filed on March 28 with the B.C. Supreme Court, the man alleges that he was attacked by Kane while heading home from work on Aug. 10, 2013 near the corner of Burrard Street and Barclay Street in Vancouver.

The man claims he suffered a concussion and various injuries to the head, neck, shoulders, back, chest, ribs, left leg and heel as a result of the alleged incident.

The man is seeking unspecified damages as well as compensation for past and future health-care costs and legal costs.

"The plaintiff's injuries have and will continue to cause him suffering, loss of enjoyment of life, permanent physical disability, loss of earning capacity, past and future, and loss of housekeeping capacity, past and future," the civil claim reads in part.

It adds, "The plaintiff has suffered ongoing physical and emotional injuries, including injury to his feelings, dignity, pride, and self-respect in all aspects of his personal and vocational pursuits."

[ComixZone]

IF something actually happened - I'm sure it was a completely unproved incident. Just like the incident with Lucic.

Interesting to see the Jets effectively washing their hands of this though.

However, a spokesperson for True North Sports and Entertainment declined to comment on the matter, saying it is a private matter that does not involve the team.

[Resolute 14]

It says a great deal to me that there is no indication this man filed a criminal complaint. I'd love to see the paperwork on this lawsuit, because as of right now, the bullcrap factor is dialed up to 11.

Edit: I stand corrected. Vancouver police did investigate, but there wasn't any evidence to press charges with:

http://www.winnipegfreepress.com/loc...253687451.html

[Brannigans Law]

http://www.winnipegfreepress.com/loc...253687451.html

The Free Press has learned Vancouver police previously investigated Makievsky's version of events and ultimately took no action against Kane, who was born in B.C. and spends much of his off-season there.
"We did investigate allegations of an assault on that day and at that location, but given the circumstances of the incident there were no arrests made and there was insufficient evidence to support or recommend any criminal charges," Const. Brian Montague told the Free Press on Wednesday. "From our perspective, the matter is considered closed."

If the police investigated and determined there wasn't enough evidence to even press charges, how does this guy expect to win a civil suit? Just some d bag Vancouverite looking for a quick settlement and pay day? BS meter is overflowing on this one.

[10W30]

Man, Vancouver just brings out the worst in people.


..... did I do that right?

[moon]

Originally Posted by Brannigans Law

If the police investigated and determined there wasn't enough evidence to even press charges, how does this guy expect to win a civil suit? Just some d bag Vancouverite looking for a quick settlement and pay day? BS meter is overflowing on this one.

I am not sure about Canada but in the States the burden of proof seems to be a lot less in Civil cases than it is in criminal cases.

Sounds like the kind of thing a scum bag like Kane would do but with little evidence seems tough to prove.

[nik-]

yes moon, a scum bag.

This monster does things like, allegedly walking out on a bill (which no evidence was found to corroborate) and being wealthy and taking pics with his money.

What an awful human being. However, I won't get in the way of moon taking whatever chance he can to call someone a scum bag.

[jammies]

I would also like to theorize in the absence of any facts, but I think I will wait until I see where the majority of posters' uninformed opinions lie first.

[puckluck2]

Originally Posted by Brannigans Law

http://www.winnipegfreepress.com/loc...253687451.html



If the police investigated and determined there wasn't enough evidence to even press charges, how does this guy expect to win a civil suit? Just some d bag Vancouverite looking for a quick settlement and pay day? BS meter is overflowing on this one.

Because it happens all the time? Much harder to win a criminal case than a civil lawsuit.

[moon]

Originally Posted by nik-

yes moon, a scum bag.

This monster does things like, allegedly walking out on a bill (which no evidence was found to corroborate) and being wealthy and taking pics with his money.

What an awful human being. However, I won't get in the way of moon taking whatever chance he can to call someone a scum bag.

You forgot about the stupid haircut as well.

Yes I think if you are a multimillionaire and you walk out on tabs you are a scumbag. I didn't say he should have to pay up in this case because of that, didn't ask for him to be booted from the league and certainly didn't say he was a monster.

Perhaps instead of overreacting to posts you should allow for the fact that others have different views or at least try to refute it without making up things that weren't said (monster.)

[puckluck2]

Originally Posted by 10W30

Man, Vancouver just brings out the worst in people.


..... did I do that right?

No.

Vancouver people are no good.

[Five-hole]

Originally Posted by moon

I am not sure about Canada but in the States the burden of proof seems to be a lot less in Civil cases than it is in criminal cases.

Sounds like the kind of thing a scum bag like Kane would do but with little evidence seems tough to prove.

Same here. Criminal standard of proof is "beyond a reasonable doubt" whereas the civil standard is "on the balance of probabilities".

You could write a textbook about what that means, but basically, weighing all the evidence including the credibility of witnesses, is it more likely that what the plaintiff is alleging is true than it is not?


Sent from my iPhone using Tapatalk

[KootenayFlamesFan]

It adds, "The plaintiff has suffered ongoing physical and emotional injuries, including injury to his feelings, dignity, pride, and self-respect in all aspects of his personal and vocational pursuits."

Injury to his feelings.......haven't heard that one before. That's awesome.

[dustygoon]

I just read un nice comments in this thread. My feelings are hurt. I will sue. Is that how this works?

[Erick Estrada]

Whether Kane beat up this guy or not has there been another Canadian born player in recent history with so many red flags and maturity issues? I would stay far away from this kid until he gets his act together.

[Erick Estrada]

Originally Posted by KootenayFlamesFan

Injury to his feelings.......haven't heard that one before. That's awesome.

Canucks fans tend to take things pretty hard when told their team sucks. Don't discount the mental anguish this BC man may have suffered especially given the current status of the team.

[undercoverbrother]

Originally Posted by Brannigans Law

http://www.winnipegfreepress.com/loc...253687451.html



If the police investigated and determined there wasn't enough evidence to even press charges, how does this guy expect to win a civil suit? Just some d bag Vancouverite looking for a quick settlement and pay day? BS meter is overflowing on this one.

Maybe he spoke to OJ?

[Five-hole]

Originally Posted by KootenayFlamesFan

Injury to his feelings.......haven't heard that one before. That's awesome.

This is alleged because there is a certain category of damages for losses which don't have a direct dollar figure. For example, if I injure you and you can't work, you can claim the amount of salary you would have made. But you can also claim (up to a cap of just under $400k) damages for "solace and comfort", including things like loss of self-respect, confidence, hurt feelings, etc.

It is usually claimed when someone is permanently disabled. I don't know the facts of this case and won't comment. But if you don't allege it, you can't claim it, so that's what's happening here. I know it makes it sound more like a cash grab but it's a procedural necessity.

[undercoverbrother]

Originally Posted by Five-hole

This is alleged because there is a certain category of damages for losses which don't have a direct dollar figure. For example, if I injure you and you can't work, you can claim the amount of salary you would have made. But you can also claim (up to a cap of just under $400k) damages for "solace and comfort", including things like loss of self-respect, confidence, hurt feelings, etc.

It is usually claimed when someone is permanently disabled. I don't know the facts of this case and won't comment. But if you don't allege it, you can't claim it, so that's what's happening here. I know it makes it sound more like a cash grab but it's a procedural necessity.

Is this a statute cap or a case law cap?

[Five-hole]

Case law. It's an inflation-adjusted $100k. Case is Lindal v Lindal. SCC case from 1981.