Settlement suggests conspiracy, lawyer says
TORONTO — A settlement between NHL player Todd Bertuzzi and Marc Crawford that no longer makes the former Vancouver Canucks coach liable in a $ 38- million lawsuit for a hit that ended Steve Moore’s NHL career should be made public, a Toronto court heard Monday.
Bertuzzi dropped his counterclaim against Crawford earlier this month after alleging it was the coach who had ordered a bounty on Moore, a former Colorado Avalanche forward, in March 2004, when Bertuzzi played for the Canucks.
The on- ice hit left Moore with a broken vertebrae and a concussion.
Moore’s lawyer, Tim Danson, told the court that the reasons why Bertuzzi dropped the third- party claim against Crawford may indicate a conspiracy between the team, coach and Bertuzzi to work against Moore.
“This agreement ... is the [ hockey] code in action,” Danson told Superior Court Master Ronald Dash. “It’s making sure that those on that side are making a united front against Mr. Moore.”
It was also revealed Monday that Orca Bay, the company that owns the Vancouver Canucks ( now known as Canucks Sports & Entertainment), has also dropped its claims against Bertuzzi.
Separate lawyers for Orca Bay and Bertuzzi argued that the settlement should not be disclosed because it is a privileged document.
“There’s nothing in this agreement to incentivize anyone to do anything but tell the truth [ at trial],” said Orca Bay lawyer Alan Leslie D’silva. “That is the truth.”
Dash has reserved his decision for a later date.
Moore’s lawsuit trial against Bertuzzi and Orca Bay was expected to begin in September or October 2012 and was anticipated to be the largest litigation in recent professional sports history.
Moore has not played professional hockey since the March 8, 2004 hit. Bertuzzi plays for the Detroit Red Wings.