Alexa and Kate were both members of the Toronto Six Premier Hockey Federation (formerly WNHL) team. Alexa is 25 years old and plays defence. Kate is 31 and plays right wing.

Due to the abysmal salaries paid to players in this league ($15,000 per year for each of these 2 players), both Alexa and Kate have other jobs.

Alexa has a degree in psychology, but since graduating has mostly worked as a dog walker/sitter and part time at pet stores. She usually earns $20-30,000 per year doing this, depending on how much she works. She is not entitled to benefits. She has considered going back to college to become a law clerk, but hasn't applied. Her marks in high school and university were good enough that she has no concerns that she would not be accepted for that program. Such a course would cost $15,000 and take 2 years to complete. Once she graduates, she could likely get a job that pays $50,000 to start. However, due to cost and time commitment required to complete the college course, as well as the full-time nature of most law clerking jobs, Alexa has not pursued this as she enjoys the flexibility of her current work/hockey training schedule. Alexa is single and has no interest in ever having children.

Kate is a high school gym teacher. She earns $90,000 per year, plus a pension and benefits. Amazingly, she manages to do this while still training and playing hockey at the highest level for women. She is engaged to another teacher at her school and they would like to have children. She is hoping that she can continue to play hockey during parental leaves from teaching. Fortunately, with EI and top ups from her employer, she would receive almost her full salary during any parental leave.

On December 19, 2021, the Six played the Montreal Force on their home ice (Toronto). The game was heated, with lots of trash talking on both sides. By the third period, the Force was leading the game 2-1. During the last 5 minutes of play the Force's leading goal-scorer, Therese, was carrying the puck, close to the boards. As Alexa approached her to take the puck, Therese tripped on a rough patch on the ice, but, due to Alexa's proximity, thought that Alexa had tripped her. Alexa then passed the puck down the ice to Kate, who scored a game-tying goal. During stoppage of play Therese got up and skated over to Force defencewoman, Celine, and the two discussed something. When the play began again, Kate gained the puck and Celine quickly rushed up behind her and checked her from behind into the boards. Kate was knocked out and fell to the ice. As the ref blew the whistle to stop the play, Therese and Alexa skated to that corner and Alexa slashed Celine in the knees. Therese then stepped in and grabbed Alexa's stick, causing Alexa to fall awkwardly and break her clavicle.

Kate regained consciousness shortly after being removed from the ice but had suffered a bad concussion. She was unable to teach for the remainder of the school year, but fortunately received short- and long- term disability benefits through the school board. When she returned to work as a teacher, she required accommodations as she continued to have issues with concentration, screen time and demonstrating some activities to her class. She is worried about being able to work until her planned retirement age if her symptoms do not resolve. This would affect her pension entitlement. She was paid out the remainder of her hockey contract for the year, but her doctors advised her against returning to competitive play until her symptoms completely resolved. She was offered a minimal buy-out from the league and never returned to professional hockey. Kate and her fiance's wedding plans got pushed back a year as a result of her injuries, so the wedding ended up costing $10,000 more. Kate had her first child at age 34 and hopes to have a second a few years later. Having 2 siblings herself, she would have considered having 3 children if she had started earlier.

Alexa recovered from her injury in 8 weeks. Because she had to be in a sling during that time she was unable to drive, walk dogs or work her part-time job at the pet store. She had accommodations when she returned to working at the pet store, but she was able to work more hours as she had fewer pet-sitting clients. When she was able to return to dog walking, it took her another year to re-build her clientele to the level it was before the incident. She took off the remainder of the hockey season, but returned to play the following year without incident. Because of the slashing, Alexa was suspended for one game without pay, but was otherwise paid the rest of her contract for the 21/22 season. Alexa continued to play in the PHF until age 35 when she embarked on a career as a law clerk.

Questions to consider for discussion

1. What torts occurred, if any? Pick one incident and analyse whether a tort occurred.

2. What defences could the parties rely on? What about mitigating factors?