Concussions: Ex-Argo Bruce asks Supreme Court to allow suit against CFL

VANCOUVER— A former Canadian Football League star receiver who says he sustained “permanent and disabling” repetitive head trauma as a player has asked the Supreme Court of Canada to allow his lawsuit against the league to proceed.

Arland Bruce III said in court documents that he continues to suffer post-concussive symptoms, including depression, paranoia, delusions and other medical issues. He played for 12 years — 2001-02 and 2004-13 — with several CFL teams, including Toronto and Hamilton.

Two lower courts in British Columbia have dismissed the suit because Canada’s top court has previously ruled that unionized employees must use labour arbitration — not the courts — to resolve disputes that arise from their collective agreement.

Bruce’s lawyers filed leave to appeal to the high court last Friday. In court documents, they argue the CFL collective agreement is unusual because athletes individually negotiate their pay, have no long-term disability insurance plan, are excluded from occupational health and safety regulations and are not entitled to workers compensation.

“We have a gap of injured workers who are vulnerable . . . now falling through the cracks,” said Robyn Wishart, a lawyer for Bruce, in an interview on Wednesday.

The CFL said in a statement it cannot comment because the matter is before the courts.

The league has 30 days to file a response.