TORONTO - The multimillion-dollar lawsuit arising from Todd Bertuzzi's 2004 sucker-punch on Steve Moore is scheduled to go to court late next year.

Tim Danson, the Toronto lawyer representing Moore, says Ontario's Superior Court of Justice has scheduled to start hearing the case on Sept. 24, 2012, if Bertuzzi is still playing in the NHL.

If Bertuzzi has retired, Danson says the lawsuit, which seeks more than $40 million in damages against Bertuzzi and the Vancouver Canucks, will begin on Oct. 22, 2012.

Playing for the Canucks on March 8, 2004, Bertuzzi punched Colorado's Moore from behind then fell on him and pushed his head into the ice.

Moore suffered three fractured vertebrae and a concussion and has not played since.

Bertuzzi pleaded guilty to assault in criminal court and was sentenced to one year of probation and 80 days of community service.