Ex-CFL player Arland Bruce III asks Supreme Court to allow concussion lawsuit
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 says in court documents that he continues to suffer post-concussive symptoms, including depression, paranoia, delusions and other medical issues. He played for 13 years with several CFL teams.
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.