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ARTICLE · 06 JULY 2017

Protecting Schools From Concussion-Related Headaches

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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​Canadian courts recognize that there is some level of risk inherent in playing sports. However, it is incumbent upon schools and school boards to try and minimize this risk and to act appropriately...

CanadaConsumer Protection
Maddie Axelrod
Maddie Axelrod
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It seems nearly every week there is a new concussion-related news alert: on May 18, 2017 we learned that Tom Brady had apparently suffered numerous unreported concussions during his career; on May 8, 2017 we held our breath when Sidney Crosby went head-first into the boards yet again; and on May 11, 2017, many of us wondered if James Harden's poor and glassy-eyed performance — after returning to the court following an elbow to the head — could have been an attempt to avoid the NBA's concussion protocols.

At the same time, more and more athletes, both professional and amateur, are turning to courts of law to seek relief for their concussion-related suffering. A class action lawsuit against the National Collegiate Athletic Association ("NCAA") was recently settled for millions of dollars and included a commitment to medical screening for former NCAA athletes, as well as changes to the NCAA's concussion policies and practices; retired professional football players

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