Review Problem
November 20181
It was the perfect winter day for a friendly game of exhibition hockey in Thunder Bay. The
Interrogators were going to demonstrate their skills against the Law Professional team in front of
the huge crowd of local fans and tourists. These two teams of had an intense rivalry all year, and
the Interrogators defeated the Professionals in an overtime heartbreaker at a tournament 2 weeks
earlier.
The game was proceeding well with each team scoring one goal in the first period. However, the
two star players, Kristen of the Interrogators and Jordan of the Professionals, were clearly trying
to outdo and antagonize each other with taunting and aggressive checking. The fans loved it and
applauded this combative rivalry.
With minutes to go in the second period, Kristen got the puck away from Jordan and scored.
Jordan, unable to control his frustration and anger, forcefully pushed Kristen into the boards.
Kristen got up and began repeatedly punching Jordan in the head, even after his helmet came off.
Kristen’s father Ted was a very aggressive “hockey Dad” who often made Kristen stay after
practice for extra drills if she hadn’t scored in that week’s game. Seeing Kristen behave this way,
Ted jumped over the boards onto the ice. He yelled “how many times have I told you not to hurt
other players? I’m going to help you remember, by teaching you what it feels like.” Ted punched
Kristen in the helmet. Kristen skated over to the bench, her head – but mostly her pride - badly
hurt.
Jordan’s brother Sam, seeing this and having always felt sorry for Kristen for having such an
aggressive father, jumped over the boards himself. Sam and Ted were known to argue and
antagonize each other when their teams played. Sam was shouting, “Hey Ted - is that what you
call being a good role model? You can’t treat your child that way! I’m going to teach YOU to pick
on someone your own size!” When Sam jumped over the boards, his very thick eyeglasses fell off
and broke on the ice. Sam raised his fist to punch in the direction where Ted had been standing,
but Ted ducked and linesman Anna received the blow, falling to the ice and spraining her wrist.
Ted started moving backwards, taunting Sam by shouting, “Hey Sam – I’m over here!” Sam chased
Ted around the ice, following his voice and the vague outline of him that he could see without his
glasses, fists waving frantically but his swings always missing Ted.
Referee Jessica, who had been making sure Kristen and Jordan were alright, skated over to the
fight. Jessica and Anna each grabbed one of the family members. They put them into the penalty
boxes to give them time to calm down. The Plexiglas walls of the penalty boxes were 5 feet high,
and the boxes could not be opened from the inside. The family members then turned their anger
on the referee, shouting at her to let them out. The referee refused, saying that she had called the
police and they were sending an officer to remove the family members from the arena. Ted jumped
over the glass, falling onto the ice and badly injuring his knee.
The police did not arrive for 20 minutes. Sam was highly claustrophobic and began to
hyperventilate and sweat profusely. He slid down the seat onto the floor of the box in a foetal
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Thanks to Phil Osborne for the outline to this problem
position. Kristen, who was still enraged at Jordan, decided to retaliate by scaring Jordan. She
shouted, “Jordan! Your brother is having a heart attack! He has collapsed in the box!!” Jordan
tried to see what was happening, but Coach Adam, thinking he was trying to get off the players’
bench in order to go over and continue his fight with Kristen, restrained Jordan from going over
to the penalty box. Jordan became hysterical, believing his brother was being endangered by lack
of medical attention. Although the police officers got his brother out of the box and Jordan
discovered his brother was fine, Jordan suffered clinical anxiety for the next 12 months, needing
to be near, or in constant contact, with his brother for fear something would happen to him.
After the game the players went to the changing room. Kristen decided that, to further taunt Jordan,
she would steal Jordan’s priceless hockey puck that he kept in his locker. Jordan caught her taking
it out of his locker, and immediately grabbed the puck threw her against the wall. Kristen was
scared and she felt that Jordan was going to hurt her severely after all that had happened that night.
Kristen grabbed a hockey stick nearby and hit Jordan in the head with all her force. Jordan had a
concussion and was unable to play hockey for 3 months.
Analyse all INTENTIONAL torts that may arise in this situation. Identify any defences
which may be raised and any problems for any of the parties.