Evander Kane Being Sued by BC Man for Alleged Assault

[Atomic]

http://www.winnipegfreepress.com/local/jets-star-slapped-with-bc-suit-253687451.html

 

 

Winnipeg Jets forward Evander Kane — a frequent lightning rod for controversy — has once again found himself the target of an off-ice distraction.

 

Court documents obtained by the Free Press show Kane has been accused of an assault that allegedly occurred in Vancouver last summer.

 

A Vancouver-area man named Lev Makievsky is seeking unspecified financial damages from Kane in a statement of claim filed last week in the Supreme Court of British Columbia. None of the allegations has been proven.

 

Kane has 30 days to file a statement of defence. If he feels the claim is frivolous or malicious, he can countersue Makievsky.

 

The Free Press has learned Vancouver police previously investigated Makievsky's version of events and ultimately took no action against Kane, who was born in B.C. and spends much of his off-season there.

 

"We did investigate allegations of an assault on that day and at that location, but given the circumstances of the incident there were no arrests made and there was insufficient evidence to support or recommend any criminal charges," Const. Brian Montague told the Free Press on Wednesday. "From our perspective, the matter is considered closed."

...

[Jacquie]

The allegations in his statement of claim are absolutely laughable. 

[The Unknown Poster]

Ill be interested to see how this plays.  On one hand, no police charges = dead issue for most.  In reality, I've seen the cops pick sides a thousand times and lay charges when they shouldn't or decline charges when they should (most egregiously when I was attacked by three guys with a nail-studded baseball bat that resulted in many stitches to me face, caught on video, charges filed and DROPPED because some young Crown decided it was a consensual fight LOL)...so anything is possible.

 

But you dont hear about issues like this with Andrew Ladd.  Or Blake Wheeler.  Or Bryan Little.  It's not the kind of PR True North likes.

[Blueandgold]

I hope Kane doesn't give that scumbag a penny.

[iso_55]

The allegations in his statement of claim are absolutely laughable. 

Which are?

[DR. CFL]

Allegations or not Kane could use some lessons from Crosby on how do be a professional.

[Atomic]

[TrueBlue]

 

The allegations in his statement of claim are absolutely laughable. 

Which are?

 

 

Did you read the full article?

[road griller]

Omg,lol,rotfl,ttyl,TGIF,rpds,sstl,fyi.

[iso_55]

Like to know why Kane would out of the blue jump a stranger... I guess the details will come out in court as to how this alleged incident took place.

[Mr Dee]

Any truth to the rumour that Kane threw about a hundred punches, but only landed a couple? 

[The Unknown Poster]

Kane responds:

 

Per Free Press:

 

Winnipeg Jets forward Evander Kane has gone on the offensive, claiming he was the real victim of a Vancouver street fight now the subject of a civil court case.

 

Kane, 22, was hit with a lawsuit earlier this spring that contained allegations he assaulted a B.C. man in August 2013. Les Makievsky claims he suffered extensive physical and emotional injuries when Kane randomly attacked him outside a bar. He is seeking unspecified financial damages.

 

Kane has provided a much different version of events in a statement of defence that has now been filed in the Supreme Court of British Columbia. While he admits getting physical, Kane provides a detailed backstory to what allegedly occurred.

 

Kane, who was born in B.C. and spends much of the NHL off-season there, admits he's known Makievsky for the past four years and identified him as an employee of a downtown Vancouver nightclub.

 

Kane says he was walking to his home around 2 a.m. on the night in question when Makievsky approached him on the sidewalk. He claims Makievsky was "highly confrontational" and shouting insults at him. No reasons or motive was provided.

 

"When the defendant (Kane) attempted to walk away, the plaintiff (Makievsky) said 'Let's go' and suggested the defendant should engage in a physical fight with him," the statement of defence reads.

 

'To prevent the plaintiff from hitting him and to repel a further attack, the defendant responded by punching the plaintiff three times' -- Evander Kane's statement of defence

 

Kane says he declined the invitation to duke it out and continued walking. He claims Makievsky then "charged" at him while "swinging at his head."

"To prevent the plaintiff from hitting him and to repel a further attack, the defendant responded by punching the plaintiff three times," says the statement of defence.

 

Kane says Makievsky fell to the ground, but quickly got up and took another shot in his direction. Kane says he "pushed him back and told him to stop," then left the area with no further incident.

 

Kane claims Makievsky was not injured in any way and was back at work the following evening, where he "boasted that he planned to sue the defendant." Kane's statement doesn't say if that was said directly to him or overheard by another party.

 

To bolster his defence, Kane notes Vancouver police were contacted by Makievsky following the incident and declined to lay any criminal charges based on insufficient evidence.

 

Kane says he was only protecting himself and "used no more than reasonable force" in the process. He says his conduct "was neither excessive nor unnecessary in the circumstances" and Makievsky's lawsuit should be tossed out of court.

No date for a hearing has been set.

 

Kane was required by law to file a statement of defence if he planned to contest the allegations against him. He also has the option of filing a countersuit against Makievsky if he feels the original claim is frivolous or malicious, but that has not been done at this point.

 

Makievsky is being represented by the Vancouver law firm of Slater Vecchio LLP, which specializes in personal-injury claims. Two lawyers involved in the file have refused to comment, saying they will do their talking in court.

 

Kane has retained the services of the Vancouver firm of Gall Legge Grant Munroe LLP. Kane's agent, Craig Oster, previously told the Free Press it's not unusual for high-profile athletes such as Kane to find themselves being targeted in legal action. The Winnipeg Jets also confirmed they were aware of the legal matter but declined to comment.

 

In the statement of claim, Makievsky says he was jumped by Kane as he walked home from work in the area of Burrard Street and Barclay Street.

Makievsky claims he suffered a concussion and numerous injuries to his head, neck, back, shoulders, chest, ribs and leg. He also cites ongoing headaches, dizziness, nausea, fatigue and insomnia as a result.

 

"The injuries have and will continue to cause him suffering, loss of enjoyment of life, permanent physical disability, loss of earning capacity and loss of housekeeping capacity," his lawsuit reads.

Makievsky claims he's also suffered extensive costs for ongoing medical treatment. He also cites "

emotional injuries... including injuries to his feelings, dignity, pride and self-respect in all aspects of his personal and vocational pursuits."

 

Makievsky says these physical and emotional injuries are obvious to anyone around him, and "he is perceived and treated in a different manner by members of the public." No further details are offered, but the lawsuit says specifics will be presented at trial.

 

"The assault and battery upon the complainant by the defendant was unprovoked and premeditated," the lawsuit reads. "The conduct of the defendant was callous, disgraceful, outrageous, extreme, malicious, offensive, reprehensible and represented a marked departure from ordinary standards of reasonable behaviour."

 

Kane signed a six-year, $31.5-million contract in 2012 with the Jets, who are banking on him to emerge as a bona fide NHL star.

He was seventh on the team in scoring last season, with 19 goals and 22 assists in 63 games.

 

 

*****Hmmmm Im somewhat dubious.

[mbrg]

Oy vey!  This guys sounds entirely like a positive contributing member of society and not a gigantic deer tick-like drain.

 

sarcasm font, sarcasm font...can't seem to find it.

 

Kane is 22 and has mucho $$.  Even if he's not doing a single thing wrong he needs to find himself in better situations than this.  People are going to take runs at him.  Sad, but the way of the world these days.

 

Maybe him and Lucic should open up their own bar in Vancouver.

[mbrg]

Oh, and my favourite was "loss of housekeeping capacity".

[The Unknown Poster]

There's a few questions I would have if I was the Judge:

 

- What position did this bar employee hold?

 

- What does Kane think the guys' motivation was?

 

- Are there security cameras inside/outside the bar?

 

The problem with Kane's story is motivation.  Why would a guy he knew as an employee of a bar he frequents, suddenly and without provacation physically confront him after hours?  If the victim started it, then something else happened inside the bar earlier.  Im not saying Kane is at fault but there is something missing from this story.

[17to85]

 

The problem with Kane's story is motivation.  Why would a guy he knew as an employee of a bar he frequents, suddenly and without provacation physically confront him after hours?  If the victim started it, then something else happened inside the bar earlier.  Im not saying Kane is at fault but there is something missing from this story.

Sometimes people just want to take a swing at an athlete. Hell I remember hearing stories in Brandon about people trying to take a swing at the tough guys on the Wheat Kings just to try and prove a point. Kane has a reputation as a tough hockey player, maybe this guy figured he either gets to brag about how he took a swing at Kane and Kane pussed out, or he gets his ass kicked and he sues this prick of a hockey player for assault. 

[The Unknown Poster]

 

 

The problem with Kane's story is motivation.  Why would a guy he knew as an employee of a bar he frequents, suddenly and without provacation physically confront him after hours?  If the victim started it, then something else happened inside the bar earlier.  Im not saying Kane is at fault but there is something missing from this story.

Sometimes people just want to take a swing at an athlete. Hell I remember hearing stories in Brandon about people trying to take a swing at the tough guys on the Wheat Kings just to try and prove a point. Kane has a reputation as a tough hockey player, maybe this guy figured he either gets to brag about how he took a swing at Kane and Kane pussed out, or he gets his ass kicked and he sues this prick of a hockey player for assault. 

 

Yes thats possible but thats actually pretty rare.  Plus, this guy was identified as an employee.  The fact they knew each other to at least a minor extent raises the suspicion level in my mind.  I dont get the "ring of truth" from Kane's story. 

[Goalie]

I think sometimes as fans, we don't want to believe that one of our beloved players could possibly be an actual ****. Is there any truth to this story? who knows, who cares really but... the fact is, these stories have followed kane around his whole career, this ain't just a since he got to winnipeg thing, the rumors have followed him around since he became a pro.

 

It is what it is i guess. Generally, i tend to believe where there is smoke there has got to be some fire near by at least.

 

Kane doesn't seem to be the most high character guy out there either so.. wouldn't surprise me if there is indeed some truth to this.

 

All i know is, this is just another in a long long list of "rumors" that have followed kane throughout his career and more bad press for kane and by association, the jets.

 

The jets won't stand for this much longer, i get the feeling kane is traded at or near the draft.

 

Just causes too much drama i think, regardless if true, you don't hear about this stuff with any other jets player really.

[bigg jay]

 

 

 

The problem with Kane's story is motivation.  Why would a guy he knew as an employee of a bar he frequents, suddenly and without provacation physically confront him after hours?  If the victim started it, then something else happened inside the bar earlier.  Im not saying Kane is at fault but there is something missing from this story.

Sometimes people just want to take a swing at an athlete. Hell I remember hearing stories in Brandon about people trying to take a swing at the tough guys on the Wheat Kings just to try and prove a point. Kane has a reputation as a tough hockey player, maybe this guy figured he either gets to brag about how he took a swing at Kane and Kane pussed out, or he gets his ass kicked and he sues this prick of a hockey player for assault. 

 

Yes thats possible but thats actually pretty rare.  Plus, this guy was identified as an employee.  The fact they knew each other to at least a minor extent raises the suspicion level in my mind.  I dont get the "ring of truth" from Kane's story. 

 

 

It could just be that this guy saw an opportunity to make some cash.  Maybe he sees Kane in the bar a few times flashing cash and being the d-bag that he was rumored to be while in clubs here, and decides to provoke a confrontation (outside the bar where there are no cameras of course).  It then becomes his word against Kane's (which could be why the cops didn't press charges) in a civil suit where he gets to use Kane's reputation against him.  His worst case scenario is he takes a couple lumps and the best case scenario is that he wins his court case (or gets an out-of-court settlement) and cashes in.  How's that for motivation?

[Goalie]

There is always the possibility that its true too, how about the truth being his motivation.

[robynjt]

 

 

 

The problem with Kane's story is motivation.  Why would a guy he knew as an employee of a bar he frequents, suddenly and without provacation physically confront him after hours?  If the victim started it, then something else happened inside the bar earlier.  Im not saying Kane is at fault but there is something missing from this story.

Sometimes people just want to take a swing at an athlete. Hell I remember hearing stories in Brandon about people trying to take a swing at the tough guys on the Wheat Kings just to try and prove a point. Kane has a reputation as a tough hockey player, maybe this guy figured he either gets to brag about how he took a swing at Kane and Kane pussed out, or he gets his ass kicked and he sues this prick of a hockey player for assault. 

 

Yes thats possible but thats actually pretty rare.  Plus, this guy was identified as an employee.  The fact they knew each other to at least a minor extent raises the suspicion level in my mind.  I dont get the "ring of truth" from Kane's story. 

 

 

But, the cops who investigated the matter were satisfied.  End of story, no?

[iso_55]

Criminal & civil suits are 2 totally different things. One is not bound by the other. You can sue someone for damages, say in a fight, even though the party you are suing was never charged. 

[Goalie]

 

 

 

 

The problem with Kane's story is motivation.  Why would a guy he knew as an employee of a bar he frequents, suddenly and without provacation physically confront him after hours?  If the victim started it, then something else happened inside the bar earlier.  Im not saying Kane is at fault but there is something missing from this story.

Sometimes people just want to take a swing at an athlete. Hell I remember hearing stories in Brandon about people trying to take a swing at the tough guys on the Wheat Kings just to try and prove a point. Kane has a reputation as a tough hockey player, maybe this guy figured he either gets to brag about how he took a swing at Kane and Kane pussed out, or he gets his ass kicked and he sues this prick of a hockey player for assault. 

 

Yes thats possible but thats actually pretty rare.  Plus, this guy was identified as an employee.  The fact they knew each other to at least a minor extent raises the suspicion level in my mind.  I dont get the "ring of truth" from Kane's story. 

 

 

But, the cops who investigated the matter were satisfied.  End of story, no?

 

Man, not gonna say names but a couple of my friends are cops k and the stories i could tell you about pro athletes being given the benefit of the doubt, even when its even apparent to the cop that they are guilty as sin...  would shock you. I'l tell you this much, a couple friends let a couple pro athletes off the hook in 2011, (lots of jet players were real dicks that year). why did they let them go? cuz they gave them free tix or signed some stuff for them. This happens more often than anyone thinks too. Here, i'll just tell this one, involved my self and a few friends several years ago... we were  getting high b4 going to see a movie at cinema city 8.. oh yeah the cheap theatre, the one friend was being a real ****.. we were sitting in the car, he was just going crazy for some reason, honking the horn, yelling out stuff to security at the mall.. "what you gonna do man, call the cops". The guy did call the cops, cops showed up... took a look at my ID, not saying im well known but the last name certainly is amongst police, my uncle is/was a cop.. cop looks at id and goes, oh do you know "insert uncles name here", i said yeah man, thats my uncle. They are like ok have a good night and left. Not saying that it's the same, it just gives you some idea that it's not always about what you do but who you know. 

[The Unknown Poster]

I dont want to take sides but from my vast experiene working in bars, the story just sounds like a story you tell when you might be in trouble and you leave a few things out.  On the other hand, as far as deflection stories go its not very good.  Advice: always say they uttered threats to kill you.  Thats an easy charge for police to lay, especially if maybe you threw a punch or two you shoudnt have - then it becomes "you dont charge, I wont charge".  Generally, my experience is cops dont want to charge people in bar altercations unless there is obvious injury.  Its just not worth the paperwork.

 

its certainly possible the guy was looking for a payday but its not like that happens all the time.  Its rare for someone to confront someone else on a street outside a bar at night for no reason, even if its a bad reason.  We're not getting the entire story.

 

Kane's version seems to be "I was minding my own business, walking home like a responsible adult when this crazy drunk guy who works at the bar tried to fight me.  I counselled him to cease his aggression and go home but when that didnt work I punched him three times and went home."  Doesnt ring true.

[iso_55]

 

 

 

 

 

The problem with Kane's story is motivation.  Why would a guy he knew as an employee of a bar he frequents, suddenly and without provacation physically confront him after hours?  If the victim started it, then something else happened inside the bar earlier.  Im not saying Kane is at fault but there is something missing from this story.

Sometimes people just want to take a swing at an athlete. Hell I remember hearing stories in Brandon about people trying to take a swing at the tough guys on the Wheat Kings just to try and prove a point. Kane has a reputation as a tough hockey player, maybe this guy figured he either gets to brag about how he took a swing at Kane and Kane pussed out, or he gets his ass kicked and he sues this prick of a hockey player for assault. 

 

Yes thats possible but thats actually pretty rare.  Plus, this guy was identified as an employee.  The fact they knew each other to at least a minor extent raises the suspicion level in my mind.  I dont get the "ring of truth" from Kane's story. 

 

 

But, the cops who investigated the matter were satisfied.  End of story, no?

 

Man, not gonna say names but a couple of my friends are cops k and the stories i could tell you about pro athletes being given the benefit of the doubt, even when its even apparent to the cop that they are guilty as sin...  would shock you. I'l tell you this much, a couple friends let a couple pro athletes off the hook in 2011, (lots of jet players were real dicks that year). why did they let them go? cuz they gave them free tix or signed some stuff for them. This happens more often than anyone thinks too. Here, i'll just tell this one, involved my self and a few friends several years ago... we were  getting high b4 going to see a movie at cinema city 8.. oh yeah the cheap theatre, the one friend was being a real ****.. we were sitting in the car, he was just going crazy for some reason, honking the horn, yelling out stuff to security at the mall.. "what you gonna do man, call the cops". The guy did call the cops, cops showed up... took a look at my ID, not saying im well known but the last name certainly is amongst police, my uncle is/was a cop.. cop looks at id and goes, oh do you know "insert uncles name here", i said yeah man, thats my uncle. They are like ok have a good night and left. Not saying that it's the same, it just gives you some idea that it's not always about what you do but who you know. 

 

 Getting high while driving a car, yelling at mall cops & your buddy honking the horn like a nutbar. Then the cops letting you guys off. Nice story. Question, you've claimed in the past that being high on weed doesn't impair  your judgement or ability to drive like alcohol does. So, explain your friend's erratic behaviour then? Sounds like he'd have been a maniac behind the wheel & could have killed someone. Guys like you are a danger to everyone.