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A soccer player took an opponent to court over a slide tackle that resulted in a shoulder injury in North Vancouver.

Both parties agree that Jordan David Miller was slide tackled by Karl Cox during a game on May 22, 2018, according to the reasons for judgement from the Supreme Court of B.C.

Judge Wendy Baker had to determine if Cox’s tackle was “acceptable, reasonable conduct” or not.

The two men were playing in a recreational league that followed FIFA rules, which allows for slide tackles.

By agreeing to play in the match, Miller assumed the risk of injury, Cox argued. Cox also said the tackle was not performed recklessly and he did not intend to cause injury.

But despite the level of risk that comes with playing soccer, “players cannot be said to have consented to the risk of all injuries they may suffer merely by virtue of their participation in the sport,” the decision says.

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Miller, who had been playing organized soccer for more than two decades, acknowledged that injuries happen in sports, but told the court that Cox “was out of control and aggressive in his tackle.”

While approaching the 18-yard box with possession of the soccer ball, Miller said he was tackled by Cox from behind on his left side, but did not see him coming and was unable to brace for impact. He could feel both of Cox’s legs contact his upper calf behind the knee, and the impact occurred as he was about to shoot on net.

Miller described the tackle as a “scissoring motion,” and not a risk he accepted by playing recreational soccer. He was thrown face-first into the ground and unable to break his fall, resulting in severe impact.

“He felt Mr. Cox was trying to hurt him.”

During the game, the referee penalized Cox with a yellow card. Miller felt as though Cox went for his body rather than the ball, and should have been given a red card – a more severe penalty – instead.

The ref testified that the tackle was not within the rules of play and he considered giving Cox a red card, but decided to give him the benefit of the doubt.

Red cards are normally issued for “swearing, pushing in the face, throwing a punch, spitting and kicking,” the ref said. However, he added that Cox’s actions met the definition of “reckless” according to the FIFA rulebook.

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Cox agreed that slide tackles from behind were not allowed, but since he approached from an angle there's a grey area, and it was up to the referee to decide if it’s a foul, he argued.

Cox testified that he kicked the ball before hitting Miller. However several witnesses, including the referee, said they did not see the ball Cox touch the ball.

Under cross-examination, Cox said the “ground hurt Mr. Miller.” He told the court he struck Miller in the lower leg, with the lower part of his right leg. But he didn’t remember striking the back of Mr. Miller’s leg.

“Mr. Cox was equivocal about whether sliding with two feet was more dangerous, and did not agree that a player would lose control as they dove to the ground in a slide,” the decision says. “Mr. Cox said he was in control of his body at all times.”

Cox agreed that when there’s no chance for the defender to get the ball, it’s not acceptable to take out another player. He also agreed that he was possibly in Miller’s blind spot, and that there was contact between their bodies, but was unsure if he took out both of Miller’s legs.

Judge Baker found all of the witnesses to be straightforward and credible – except for Cox.

“…I entirely reject the evidence of Mr. Cox,” she said. “His testimony is diametrically opposed to the six witnesses who had a clear view of the tackle.”

There was no possibility of Cox reaching the ball as it was on the other side of Miller’s body, Judge Baker determined. She also described his actions as “negligent.”

Cox’s version of events – that Miller simply tripped in the ordinary course of play – may well have been acceptable soccer.

“But given the account of the incident by the other witnesses, the account given by Mr. Cox is simply not to be believed.”

The ref may not have issued a red card, and that is one factor to consider, but it is not determinative of liability, the decision reads.

“I find that Mr. Cox’s actions were dangerous and reckless, and were outside the conduct a player would reasonably expect in this recreational league, made up of players of all different skill levels.”

Miller was awarded $103,764.11, plus costs and disbursements.

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