Defendants in a lawsuit alleging that negligent and unauthorized actions during a kickboxing match left a novice boxer in a vegetative state deny liability for the boxer's injuries.
The injured man, Zhenjuan Lei, through his mother, who serves as the committee member managing his affairs, is suing people and organizations involved in the 2023 West Coast Martial Arts Championships, a martial arts tournament set to be held in Burnaby, British Columbia, in October 2023.
These include the five people named as organizers of the tournament, Ray's opponent in one of his three matches, the organization considered to be the official sanctioning body of the tournament, and Simon Fraser University (SFU), the host university of the tournament.
The lawsuit alleges that their negligence contributed to Ray suffering a severe brain injury, but this claim has not been proven in court.
“The Defendants deny that the Event was conducted negligently or with gross negligence,” said the response from five people involved in the organization of the Event.
In a response filed in March, the five, including three who claimed to be organizers and promoters and two others who said they simply checked in competitors and judges, argued that they “used all reasonable care, precautions and skill to ensure that the tournament was a safe and secure environment for all participants, including Plaintiffs.”
Ray claims the five were negligent in the tournament's officiating and on-site medical care – charges denied by tournament officials.
“The tournament's umpires were experienced and appropriately qualified,” their response said.
“The defendants arranged for the plaintiff to receive proper and appropriate medical care and the plaintiff received appropriate and qualified medical care throughout the duration of the tournament.”
Ray's lawsuit alleges the tournament was a kickboxing bout and should have been sanctioned by the BC Athletic Commissioner or the World Association of Kickboxing Organizations (WAKO), the provincial sporting body for kickboxing.
But the defendants allege the tournament was a different sport called Kick-Lite, described as a “light contact tournament with a continuous points system based on the rules of karate.”
“Accordingly, oversight by the BC Athletic Commissioner was not necessary or required,” the response read, adding that WAKO also had no oversight role.
They said Ray signed a waiver and understood the risks of injury in combat. [Lei] or the coach warns the umpire or defendant [he] He is injured and will not be able to play in the upcoming games.”
Opponents, certifying bodies and venues react
Ray's lawsuit alleges that one of the protesters assaulted him by punching him multiple times with more force than is permitted.
But his opponent filed a counterargument in April, arguing that he “did not use more force than was reasonably necessary to compete safely in the match and thereby protect himself and prevent bodily harm at the hands of an opposing player.” [Lei]”
His opponent maintains that he followed the rules of the tournament and “followed the referee's instructions throughout the match.” He also denies that he has no professional fighting experience, which violates the rules of tournament participation, as alleged in Ray's lawsuit.
Two members of the board of directors of the World Kickboxing Federation and the Canadian Karate Federation have filed defences to allegations that their federations sanctioned the tournament without the authority to do so.
“WKU is not a sanctioning body,” the response states, “and has never been, and will not claim status as a sanctioning body for BC events.”
“WKU was simply asked if they could use that rule for the BC event and they agreed.”
These directors maintain that all aspects of the tournament, including sanctioning, are up to the promoter and other parties involved.
The lawsuit also alleges that SFU failed to take any steps to ensure the tournament was conducted with a “reasonable standard of care” in a gymnasium rented by the school.
“The facilities were sufficiently safe for use by all tournament participants who took all reasonable precautions for their own safety,” the school said in its response.
In further third-party filings dated April and May, SFU argues that if Ray sustained any injuries during the tournament, it was the responsibility of the other defendants.
SFU further argues that if the event was kickboxing as alleged, the BC Athletic Commissioner should have known about it and was “negligent” in not taking action against the tournament and its organizers.
SFU is seeking a court judgment against the other defendants, the athletic director and the state government for the amount the school must pay to Mr Ray.
