Burke Wins Ruling Against Paper

Mighty Duck General Manager Brian Burke will be able to proceed with a defamation lawsuit against New York Post columnist Larry Brooks, the Supreme Court of British Columbia has ruled.

Brooks wrote in a Feb. 27 article that the former Vancouver Canuck GM played a role in Todd Bertuzzi’s on-ice attack of Colorado Avalanche forward Steve Moore.

The court, in a ruling issued Friday, rejected the newspaper’s attempt to have the lawsuit thrown out on the argument that the Canadian province was not the proper jurisdiction.

Bertuzzi, a premier power forward, was reinstated by the NHL after a 17-month suspension. Moore, who had three broken vertebrae in his neck along with post-concussion syndrome, has yet to return.

Brooks wrote that Burke was “in the plot to retaliate” against Moore, suggesting that he went into the Canuck locker room between periods of the March 8, 2004 game to urge them to go after Moore after he laid a hit on star forward Markus Naslund earlier in the season.

Burke declined to comment Tuesday. His lawyer, Peter Gall, said Burke “was pleased” with the ruling.

“He just wants the New York Post to do the right thing and admit that there is no factual basis for this article,” Gall said. “He’ll go to the end to clear his name.”

He said Burke probably would drop the suit if the Post prints a retraction.

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Defenseman Jason Marshall is expected to return to practice today, but he won’t play tonight against San Jose after taking four stitches below his right eye following a fight with the Kings’ Ken Belanger.... Scott Niedermayer, the Ducks’ major off-season signing, will make his debut tonight. Jean-Sebastien Giguere probably will start in goal.