The son of a former NHL goaltender will stand trial for an assault that allegedly occurred during a hockey game he was playing in last year.

Jonathan Roy faces assault charges for an on-ice incident that took place 18 months ago, which his lawyer tried to have dismissed in recent weeks.

Roy was playing in a Quebec Major Junior Hockey League game in March 2008, when he skated down the ice and got into a fight with an opposing goalie at a Saguenay arena.

He was later suspended for seven games for his part in the brawl and his coach -- 43-year-old Hall of Fame goalie Patrick Roy -- was suspended for five games because he encouraged the fight. Jonathan Roy was also fined $500.

On Tuesday, a Quebec court judge refused to throw out the case, meaning that the younger Roy will finally have to face a trial.

CTV Montreal's John Grant reported that the judge took an hour-and-a-half to explain the reasons for his decision to let the case go forward.

Roy's lawyer had argued that he was being treated unfairly because his father is a famous hockey player. The charges also came four months after the incident, and days after the rules changed for laying charges against people involved in sports brawls.

"The prosecutors changed the rules regarding laying charges for assault four months after that fight," Grant told CTV Montreal on Tuesday. "They then said it was possible to lay charges for assault, even if the person who was assaulted was not injured. That was a definite and very important change and they applied it retroactively to target Roy."

The judge said Roy's right to a fair trial had not been compromised, Grant explained.

Roy will now stand trial for assault on Oct. 7.

With files from The Canadian Press and CTV Montreal