Appellant
Respondent
Background: Karl Cox (Appellant) executed a dangerous and reckless slide tackle during a recreational soccer game, causing shoulder injuries to Jordan David Miller (Respondent). The trial judge found Cox liable for negligence.
Legal Issues: The primary legal issues revolved around whether the trial judge erred in articulating and applying the standard of care, and whether the trial judge’s findings reflected palpable and overriding error. Cox argued that his actions were within the rules of play and that mere carelessness should not constitute negligence.
Held: The trial judge determined that the tackle was reckless and dangerous, beyond what a reasonable competitor would do. It was found that Cox’s actions were outside the expected conduct in a recreational league and that the respondent did not consent to such dangerous and reckless conduct. The appeal was dismissed, with the Court of Appeal affirming that the trial judge correctly applied the standard of care and found no palpable and overriding errors. The court upheld the principle that a dangerous and reckless tackle, even if within the rules of play, could constitute negligence.
Award and Costs: The total amount of costs and/or award in favor of Jordan David Miller was not specified in the provided document.
Court
Court of Appeals for British ColumbiaCase Number
CA48970Practice Area
Tort lawAmount
Winner
RespondentTrial Start Date
Download documents