Supreme Court of Canada judge Vonda Evans is a fierce competitor and she doesn’t shy away from challenging the law in court.
In the case of a class action lawsuit brought by members of a Canadian Boxing Association sanctioned boxing team, Evans took the case to court in April of this year.
The class action suit sought to require an injunction to protect the health and safety of all boxers in the country who are not members of an organization sanctioned by the association.
Evans, who is also the associate chair of the Ontario Boxing Association, lost the case and a judgment in her favour was issued.
The case was heard in front of the Federal Court of Appeal on July 24.
The judges hearing the case were asked to determine the constitutionality of the injunction and whether the class was protected by the Charter.
The judge who was asked to rule on the case said the injunction was necessary because of the number of injuries suffered by boxers participating in the sport and the risk of further injuries and death.
He said the injunctions had been issued to protect both boxers and their families from the risk that injuries or death might occur to them.
“This is not a case where it was simply about boxing,” the judge said.
“It is a case about the health of the public and the public’s right to know the health risks of boxing.
There are no other issues involved in this case that are of such importance to the health, safety or welfare of the people of Ontario.”
Evans said she did not expect to win the case but the court had to weigh the benefits of an injunction against the risks involved in pursuing it.
“I would hope that it will be upheld because it’s a matter that is very important to me personally,” she said.
“I have always believed that when it comes to protecting boxing, I want to be able to tell my story, I don’t want it to be a one-sided story.”
The court heard that Evans, a retired Ontario judge, was a member of the CBA and the association was a sanctioned boxing association.
It was a decision that angered the boxer’s father and many of the other members of the team.
“My concern is for my daughter, and for all the boxers out there who are fighting the system and trying to get through,” said John Evans.
The boxing association’s vice-president, Mike Narducci, called the injunction “unprecedented” and said it was “the right thing to do” in light of the health risk associated with boxing.
He described it as a “clear attempt to protect those that are fighting and not just boxers.”
Narducci said Evans’ decision to appeal the decision was not surprising given the court’s decision not to allow the injunction to be enforced.
The court also heard that the boxing association was seeking damages of more than $20 million, which is approximately $15 million less than the damages sought by the fighter’s father.
EvANS appealed the injunction ruling to the Supreme Court on July 30.
She argued that her decision to challenge the injunction on the basis that the class had not been protected by law was contrary to her Charter rights.
The Supreme Court has yet to rule, but the case will likely be heard by the Court of Appeals.