Kinesiology 4459A/B Lecture Notes - Lecture 9: British Columbia Rugby Union, Canlii
20 Feb 2017
School
Department
Course
Professor
Document Summary
Defendant (hallem) was on base and his teammate hit the ball to the outfield and defendant. Temple v hallem 1989 manitoba court of appeal decision. Facts: co-ed softball league with own unique rules rules filed as exhibits. July 25, 1985 plaintiff (temple), a young woman playing catcher rounded third and was heading home. Ball thrown up third baseline and plaintiff moved up the line to catch the ball. Plaintiff caught the ball and tagged runner out; but collision knocked the plaintiff back 4 to 5 feet. Parties agreed damages were 8 000 (if liability found) Trial judge allowed plaintiffs claim on basis hard slide and collision constituted a violation of league rules. The slide and force of it was unusual, unique, and prohibited in this particular league. Court of appeal overturned decision and dismissed the action. Said if league rules did prohibit certain conduct, to avoid injury, then breach could give rise to liability.
