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Jets' forward Evander Kane says it was he who was attacked by man suing him

Boston Bruins' Brad Marchand (63) chases down Winnipeg Jets' Evander Kane (9) during second period NHL action in Winnipeg on Thursday, April 10, 2014. Kane says he did throw three punches but only in defence as he was attacked in Vancouver by a man now suing him for assault. THE CANADIAN PRESS/John Woods

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Boston Bruins' Brad Marchand (63) chases down Winnipeg Jets' Evander Kane (9) during second period NHL action in Winnipeg on Thursday, April 10, 2014. Kane says he did throw three punches but only in defence as he was attacked in Vancouver by a man now suing him for assault. THE CANADIAN PRESS/John Woods

WINNIPEG - Winnipeg Jets forward Evander Kane says he did throw three punches, but only in defence, as he was attacked in Vancouver by a man now suing him for assault.

Vancouver resident Lev Makievsky has said he was returning home from work Aug. 10, 2013, in the downtown area when he was assaulted by Kane, who is from Vancouver.

His statement of claim gave no details of the alleged incident but listed a long series of injuries he says he incurred, including a concussion and an unnamed permanent physical disability.

Kane's lawyers have filed a response that says he has known Makievsky for about four years and encountered him at about 2 a.m. on the date in question.

It says Makievsky tried to get Kane to fight and when he declined, charged and swung at Kane, who responded with three punches and knocked his attacker down. Then, as Makievsky got up and swung again, Kane pushed him down and left.

"The Plaintiff was highly confrontational and shouted insults at the Defendant," says Kane's response filed in the Supreme Court of British Columbia.

"When the Defendant attempted to walk away, the Plaintiff said 'let's go' and suggested that the Defendant should engage in a physical fight with him."

The response also says Makievsky was heard boasting at work the next night that he planned to sue Kane.

"The Defendant's conduct was at all times consistent with preventing or repelling the Plaintiff from attacking him. The Defendant used no more than reasonable force to defend himself from the Plaintiff."

Kane's response notes no charges have been laid. Vancouver police have said they did investigate an incident that night and found no basis on which to lay charges.

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