Friday, April 30, 2010

The Crow Considering Taking Legal Action Against Quebec Athletic Commission

David "The Crow" Loiseau was scheduled to fight May 8, 2010 at UFC 113 and has been replaced by the UFC because of delays in getting his license from the The Régie des Alcools, des Courses et des Jeux (Regulators of Alcohol, Racing and Gaming) -- Quebec Athletic Commission. 

Apparently, and as set forth in this article on Cagepotato, the Commission delayed getting Loiseau his license because of an investigation into some alleged ties to organized crime:

"According to the 30-year-old Montreal native, several months after he sold off his minority share of his Quebec-based XMMA promotion, following an extensive police investigation, its new owners were allegedly found to have ties to organized crime in the province. Loiseau was questioned by police and it was determined that he did not have any knowledge of the criminal involvement of the individuals he sold his stake in the organization to."

Now, even though he received his license, it is too late because he has already been pulled from the card.  It is an unfortunate situation for sure.

I do not practice in Canada and am not Canadian so I won't opine on the merits of a potential lawsuit against the Athletic Commission. Presumably, however, he would be considering a defamation lawsuit. It appears from this post on Wikipedia about Canadian defamation law that it is harder to maintain a claim for defamation in Quebec than in the Canadian Commonwealth jurisdictions generally.

In addition, in his applicant's license (I am assuming he filled this out as it is the required form on the Commission website), he authorized as follows:

"I, undersigned, consent the S.Q. and the Régie to proceed with an investigation concerning my past conduct or my implication with regards to any criminal or penal offence in order to ensure, in the public’s interest, the competent and integral exercise of combat sports practiced by professionals and to maintain their good reputation.  The consent is valid for a year as of the date of the signature."

Whether that contractual consent to proceed with an investigation shields the S.Q. and the Régie from liability (for whatever claims Loiseau is considering) is an interesting question that perhaps will be answered if he does decide to take legal action.

Fight Lawyer