Does the word "reckless" apply when assessing liability for a defendant's conduct in a sporting event?
Ontario, Canada
The following excerpt is from Kempf v. Nguyen, 2015 ONCA 114 (CanLII):
As the trial judge recognized, a couple of trial judgments in Ontario have used the word “reckless” when imposing liability on a defendant’s conduct in a sporting event. See Fink v. Greeniaus (1973), 1973 CanLII 777 (ON SC), 2 O.R. (2d) 541 (H. Ct. J.), at pp. 549 and 551; and Gilsenan v. Gunning (1982), 1982 CanLII 3139 (ON SC), 137 D.L.R. (3d) 252 (Ont. H. Ct. J.), at p. 259. The use of that word is unfortunate. In both cases, the trial judge applied an ordinary negligence standard in finding the defendant liable. That standard, not a recklessness standard, is the correct standard of care. I would not give effect to this ground of appeal.
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