timberland sandals for men Former Leaf Mike Zigomanis wins suit against Frank D’Angelo
TORONTOFormer Toronto Maple Leafs player Mike Zigomanis has scored a $162,500 judgment against Frank D because the southern Ontario beverage entrepreneur improperly cut his promotional contract after a nude photo scandal.
D hired Zigomanis in May 2011 to promote his energy drink Cheetah Power Surge for $200,000 over two years. website where former lovers could post nude images of their exes.
D asserted Zigomanis function as a brand ambassador for Cheetah because the scandal triggered a morals clause that voided the remainder of the contract.
Justice David Stinson disagreed, and on Monday awarded the former Leaf the balance of the contract, $162,500, plus pre judgment interest and costs.
Both Zigomanis and Leafs officials initially denied the photos were him, but the former player, now 35, admitted he lied to the club and media in December 2011.
He told the trial he had taken the photos and sent them to his girlfriend at the end of 2010 or early 2011.
Stinson ruled that consenting adults to communicate in such a fashion, with an expectation of privacy, would not, in my view, be likely to shock, insult or offend the community or ridicule public morals or decency.
Internet posting of the nude photos was not the action of Mr. Zigomanis, but instead was carried out by someone else. It was done without Mr. Zigomanis knowledge or consent.
the Internet posting wasn an act committed by Zigomanis and the (morals) clause was therefore not triggered, Stinson wrote.
Sending nude photos of himself to his lover doesn qualify as shocking, Stinson noted.
private communication of intimate information is a fact of life that is not a new phenomenon, the judge wrote. letters (and) photographs containing intimate information have been exchanged between individuals for centuries in the expectation that they would remain private between sender and recipient. dropped the contract of a second Leafs player, Luka Caputi, on the same date, citing Caputi trade from the Maple Leafs organization as reason for ending the contract. Caputi was never involved in a nude photo scandal.
fact that D chose to terminate both athletes contracts suggest the decision was motivated by other factors apart from the ones recited in the letters, wrote Stinson.
The judge also cited Zigomanis participation the filming of a TV commercial, which D aired for many months.