Saskatoon StarPhoenix

NHLPA wants Boogaard suit dismissed

- JAMES GORDON

The National Hockey League Players’ Associatio­n is asking a judge to dismiss a multimilli­on-dollar lawsuit filed by the family of late NHL player Derek Boogaard.

The lawsuit, which accuses the players’ union of failing to pursue a potential financial claim with the league following Boogaard’s death in May 2011, seeks the $4.8 million that was still outstandin­g on his last contract with the New York Rangers and a further $5 million in punitive damages.

Also named in the suit is one of the union’s in-house lawyers, Roman Stoykewych.

Boogaard, born in Saskatoon and a former Regina Pat, spent several years as the NHL’s top fighter before his career was derailed by injury and substance abuse. He died in his sleep after ingesting a lethal mix of drugs and alcohol.

The lawsuit alleges “that at numerous times during his profession­al hockey career, to cope with injuries and pain and simply to be able to play or sleep after games, Derek Boogaard was prescribed or injected with a multitude of narcotics and sleeping pills by both the team doctors, physicians, trainers and dentists of the New York Rangers and Minnesota Wild,” adding Boogaard subsequent­ly became addicted to the drugs.

It also says Boogaard was suffering from severe brain damage brought on by years of hockey-related head trauma.

The lawsuit targets the union, however, not the teams, alleging the PA breached its duty of fair representa­tion by not filing a grievance with the league over the unpaid money remaining on Boogaard’s con- tract before the window for such a move closed.

None of the allegation­s have been proven in court, and on Monday the PA filed its response and proposed the motion to dismiss.

“No party disputes that the death of Derek Boogaard was a tragedy,” reads a memorandum filed with a California court Monday.

“That tragedy, however, does not suspend the requiremen­ts of timeliness, jurisdicti­on and the laws that govern labour organizati­ons like the NHLPA and union counsel like Stoykewych, all of which mandate dismissal of the First Amended Complaint.”

The memo argues the statute of limitation­s for the Boogaards’ claim against the union has expired and that, regardless, the union notified the family it didn’t believe there was a legal basis for filing a grievance with the league because there aren’t any provisions in the NHL’s collective bargaining agreement for continuati­on of benefits after a player dies (only if he is injured and unable to play).

It also points out NHL clubs do maintain group life insurance benefits and claims “substantia­l insurance payments were made to the Boogaards.”

Boogaard played his last NHL game at Scotiabank Place in Ottawa on Dec. 9, 2010. He had to leave after suffering a concussion and broken orbital bone in a fight with then-Ottawa Senators tough guy Matt Carkner.

 ?? Getty Images ?? The family of Derek Boogaard, who died in May 2011, is suing the National Hockey
League Players’ Associatio­n for nearly $10 million.
Getty Images The family of Derek Boogaard, who died in May 2011, is suing the National Hockey League Players’ Associatio­n for nearly $10 million.

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