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April 18, 2023 - 7:00 PM
A Kelowna man is suing the North Okanagan-Shuswap School District for injuries he received while playing high school football.
Simon Cosmo Wiebe filed an April 14 Notice of Claim in the Supreme Court of B.C. alleging he suffered a traumatic brain injury while playing football in Salmon Arm in 2017.
According to the court document, Wiebe alleges he was tackled and knocked to the ground, hitting his head and neck, on several occasions during the game.
"Despite knowing, or ought to have been aware of, the multiple injuries, hits, tackles and blows (he) sustained during the game, the agents of the staff and volunteers continued to put (Wiebe) on the field playing almost every play for the entirety of the game," the notice of claim reads.
The lawsuit says the school district "caused or permitted" Wiebe to continue to play football when it knew or ought to have known that he suffered an impact to his head and was in need of immediate medical assessment.
The court documents don't say what school Wiebe attended but that the game was played at the Little Mountain Sports Complex in Salmon Arm.
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Wiebe claims that prior to the game he was told the opposing team was a "physically tough team" and was told by staff and volunteers to show strength and "play through it."
Wiebe says the School District's actions were "high-handed," and "arrogant" and done with a "complete disregard" to his rights and physical well-being and were "intended to and did harm" him.
"The (School District's) actions... were deliberate and motivated by malevolence and were intended to and did humiliate (Wiebe) in the presence of members of the public and subjected him to ridicule and contempt by reason of which the injury to (him) has been aggravated," the court documents says.
The lawsuit goes on to say the school district was negligent for failing to teach about the safety aspects of the football game and whether it was appropriate for his skills and abilities.
It also alleges that the School District failed to provide a properly fitted helmet or make sure it was being worn correctly.
The notice of claims says Wiebe was left with a traumatic brain injury, a neck injury, and other injuries, and he continues to need medical help almost six years after the game.
Wiebe is suing for loss of enjoyment of life, discomfort, and loss of income.
School District 83 refused to comment on the suit and Wiebe's lawyer did not respond by press time.
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None of the allegations have been proven in court.
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