Assault in Soccer Game not the Fault of the League, the Venue or the Team - Da Silva v Gomes

September 24, 2018, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Da Silva v Gomes, 2018 ONCA 610

Date of Decision: July 4, 2018
Heard Before: Gloria Epstein J.A., P. Lauwers J.A., and K. van Rensburg J.A.

LIABILITY: applicant claims league should have known that other player was capable of assault based on previous behavior; applicant claims duty of car owed pursuant to the Occupiers Liability Act

This case was heard on appeal.

Mr. Da Silva was playing recreational soccer in Hamilton as part of the Ontario Sorrcer Association at the Hamilton Sports Club. He was punched (assaulted) in the face during a recreational soccer game and injured. The motion judge noted, at para. 10, that, on discovery Mr. Gomes testified that he did not know why he punched Mr. Da Silva. It was an impulsive act; “he knew he was not to punch other players and did it anyways.”

Mr. Da Silva and his family brought claims under the Family Law Act and sued Mr. Gomes, the Hamilton Sparta Sports Club, the Ontario Soccer Association Inc, and several other associated individuals as Mr. Da Silva claimed that they were negligent in their supervision of the game and should have known from Mr. Gomes previous conduct that he was a danger.

The motion judge granted summary judgement dismission the action against the respondents other than Mr. Gomes, who did not participate in the appeal. The appeal itself was then dismissed.

The Issues:

The appellants make three arguments:

1.    The respondents were negligent in their supervision of the game, and breached several standards of care, including the standard for coaches, for on-field supervision and for player conduct;
2.    The respondents were liable under the Occupiers Liability Act R.S.O. 1990, c. 0.2. for failing to ensure that the playing field was safe; and
3.    The motion judge erred in finding that these arguments on the evidence did not raise genuine issues requiring a trial.

Mr. Da Silva’s case rested on proving the claim that Mr. Gomes previous conduct showed a risk that he would commit violence against an opposing player, and that his team and the Association were negligent in letting him continue to play in the league.

The Motion judge rejected this claim based on the evidence that although Mr. Gomes has been twice disciplined for being verbally inappropriate with referees, however those incidents were not predictive of violent behavior. The Motion judge also noted that Mr. Da Silva had not proven his case regarding the standard of car. He also noted that pursuant the Occupiers Liability Act there was no evidence the respondents were in breach of any obligation owed under it.

Mr. Da Silva’s case foundered on the absence of evidence. The Appeal Court unpled the summary judgement decision as there were no errors in it. The appeal was dismissed.

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