Berger v. Lock
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The Facts
On August 13, 2022, the plaintiff, then 32 and a former semi-professional player in France, took part in a four-on-four game at a North York gym. The court described the game as highly competitive, played aggressively by skilled and experienced players. Late in the game the plaintiff blocked a shot, gained the ball and ran towards the basket for a layup, when the defendant came from behind and made contact. The plaintiff fell awkwardly and tore his ACL, which required surgery. He sued in negligence, advancing claims for general, special and punitive damages of about $600,000 in total, and alleged that the contact was violent.
What the Court Decided
Justice Schabas dismissed the action on June 18, 2026. It was not disputed that the play was a foul, but the judge saw it as a defensive play that is part of the game. In a competitive game where fouls happen regularly and the sport involves contact, injuries sometimes follow, and the court held that this was a risk the plaintiff had taken on. The judge ordered the plaintiff to pay the defendant $28,926.65 in costs. The outcome shows that breaking a rule of play does not, on its own, turn ordinary rough play in a contact sport into negligence.
Does This Affect You?
- ✓You were injured by another participant in a pickup game or recreational league.
- ✓The other player committed a foul, and you are wondering whether that alone supports a lawsuit.
- ✓You are trying to work out whether the contact that hurt you was part of how the game is normally played.
Key Takeaways
- A foul in a contact sport is not automatically negligence, even when everyone agrees it was a foul.
- Courts look at the kind of game: a competitive, physical match carries more accepted risk than a casual or non-contact one.
- An unsuccessful claim can come with a significant costs award against the plaintiff.