Players’ sticks are shown during a World Championships Group A hockey game between Russia and Denmark, in Moscow, Russia, on Thursday, May 12, 2016. A $30-million settlement of three class actions over the failure to pay junior hockey players the minimum wage has been thrown into jeopardy after three judges refused to sign off on the agreement. THE CANADIAN PRESS/AP, Ivan Sekretarev

Players’ sticks are shown during a World Championships Group A hockey game between Russia and Denmark, in Moscow, Russia, on Thursday, May 12, 2016. A $30-million settlement of three class actions over the failure to pay junior hockey players the minimum wage has been thrown into jeopardy after three judges refused to sign off on the agreement. THE CANADIAN PRESS/AP, Ivan Sekretarev

Junior hockey employment lawsuit on thin ice; judges refuse to OK $30M deal

In their decisions, the judges in Ontario, Quebec and Alberta objected to wording in the settlement

A $30-million settlement of three class actions over the alleged failure to pay junior hockey players the minimum wage has been thrown into jeopardy after three judges refused to sign off on the agreement.

In their decisions, the judges in Ontario, Quebec and Alberta objected to wording in the settlement they said was too broad and could prevent the players from pressing other legitimate claims.

More precisely, Ontario Superior Court Justice Paul Perell said, class members would get an average of about $8,400 but could end up barred from suing leagues for damages related to concussions, sexual assaults or physical harassment, or alleged anti-competitive behaviour.

“Class members may be foreclosed from suing the defendants in other class actions for compensation for significant injuries,” Perell said. “A release of the claims in those other actions makes the settlement in the immediate case an improvident settlement and one that is not fair and reasonable, nor in the best interests of the class members.”

The plaintiffs in the three lawsuits alleged the Ontario Hockey League, Western Hockey League and Quebec Major Junior Hockey League and their affiliated clubs — all operate under the umbrella of the Canadian Hockey League — failed to treat them as employees.

According to the plaintiffs, some players were paid as little as $35 per week for working between 35 and 65 hours weekly. The leagues, they asserted, should have paid them minimum wage, overtime pay, and provided other employment benefits.

The first lawsuit, launched in Ontario in 2014, sought about $175 million in outstanding compensation.

In response, the leagues argued, among other things, that the players were amateur athletes and not employees. Nevertheless, in March, the leagues agreed after mediation to pay $30 million to settle the lawsuits — with about $9 million going to the players’ lawyers.

The settlement was set for court approval when two representative plaintiffs — Kobe Mohr and Anthony Poulin — objected to the wording of the final release, which would insulate the leagues from any related lawsuits in the future.

As a result of the objection, the courts learned of other actions against the Canadian Hockey League, including one filed in British Columbia over player concussions. Another filed in Ontario alleges players younger than 18 suffered sexual abuse, while a third in Federal Court alleges various leagues engaged in anti-competitive practices.

“To be blunt about it, in the immediate case, in my opinion, once the 11th-hour objection arrived, class counsel should have withdrawn their motion for settlement approval until the matter of the prejudicial scope of the release was resolved,” Perell said. “What is required is a renegotiation of the release provisions of the settlement agreement.”

In a similar ruling, Justice Robert Hall of the Alberta Court of Queen’s Bench leaned on Perell’s analysis for refusing to go along with the settlement.

“The class members cannot be unwittingly releasing the defendants from other claims beyond the one being settled,” Hall wrote. Quebec Superior Court Justice Chantal Corriveau expressed similar sentiments.

The judges did say the parties could reapply for settlement approval after fixing the issue with the release given that the other provisions of the deal were reasonable.

If an agreement isn’t reached on the release, the settlement could be terminated within weeks and lead to a resumption of the litigation.

Neither the Canadian Hockey League nor the plaintiffs’ counsel had any comment.

Colin Perkel, The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Nanaimo Mayor Leonard Krog is happy to be on hand as Dodd’s Furniture and Mattress, represented by president Gordy Dodd, presents 150 blankets to the Salvation Army in Nanaimo, represented by envoy Dawne Anderson. (Greg Sakaki/News Bulletin)
Furniture store donates 150 blankets to Salvation Army in Nanaimo

Dodd’s cancels drive-thru giving event due to COVID-19, but finds another way to help

Creativity Commons manger Jonathon Bigelow is printing copies of ‘Alone but Not Alone: Poetry in Isolation’ using the Nanaimo Harbourfront Library’s Espresso Book Machine. (Photo courtesy Corinne Shortridge)
Nanaimo Harbourfront Library releases COVID-19-themed poetry anthology

‘Alone but Not Alone: Poetry in Isolation’ features poets from across the Vancouver Island region

Letter writer isn’t convinced that a pride-of-place campaign and a leaders’ table initiative will result in the kind of decisions and actions needed in Nanaimo. (News Bulletin file photo)
LETTER TO THE EDITOR: Real change requires more than buzzwords

Letter writer questions pride-of-place campaign, leaders’ table initiative

Nanaimo city councillors have recommended a $1.3-million cycle track for Albert Street between Pine Street and Milton Street. The city held a budget-focused finance and audit committee meeting Friday. (Chris Bush/News Bulletin)
City of Nanaimo budgets for new $1.3-million bike lane on Albert Street

Potential property tax increase now at 3.6 per cent after finance and audit meeting Friday

Police escorted residents of a homeless encampment on Wesley Street to and from the site to collect their belongings Thursday and Friday following a fire that destroyed several tents and ignited a number of propane tanks. The encampment has been permanently cleared and its residents dispersed. (Chris Bush/News Bulletin)
Occupants of Nanaimo’s Wesley Street encampment offered support following fire and displacement

City of Nanaimo permanently clears homeless camp over ongoing safety concerns

Pickleball game in Vancouver on Sunday, November 8, 2020. B.C.’s public health restrictions for COVID-19 have been extended to adult team sports, indoors and outside. THE CANADIAN PRESS/Darryl Dyck
711 more COVID-19 cases detected in B.C. Friday

‘Virus is not letting up and neither can we’

Robert Riley Saunders. (File)
First Nations Leadership Council demands justice for victims of B.C. social worker

Union of BC Indian Chiefs calls actions of Robert Saunders ‘nothing short of complete depravity’

B.C. NDP leader John Horgan releases his election platform, Vancouver, Oct. 6, 2020, featuring COVID-19 relief payments promised for most households. (B.C. NDP photo)
Next $1.5 billion in B.C. COVID-19 cash ‘prudent,’ Horgan says

New round of payments for household incomes up to $175,000

The opening day on Mount Washington this year was Dec. 4. Screenshot
Mount Washington opens on time, COVID-19 protocols in place

“We’re super excited - it’s been six months in the planning.”

Steve Metcalfe, Quality Foods Harewood store manager, holds a poinsettia and a Coins for Kids donation jar, two symbols of Christmas spirit. (Chris Bush/News Bulletin
Coins for Kids collects for Christmas causes in Nanaimo

News Bulletin fundraising for Great Nanaimo Toy Drive, Boys and Girls Clubs

Demonstrators, organized by the Public Fishery Alliance, outside the downtown Vancouver offices of Fisheries and Oceans Canada July 6 demand the marking of all hatchery chinook to allow for a sustainable public fishery while wild stocks recover. (Public Fishery Alliance Facebook photo)
Angry B.C. anglers see petition tabled in House of Commons

Salmon fishers demand better access to the healthy stocks in the public fishery

(Hotel Zed/Flytographer)
B.C. hotel grants couple 18 years of free stays after making baby on Valentines Day

Hotel Zed has announced a Kelowna couple has received free Valentines Day stays for next 18 years

Farmers raise slogans during a protest on a highway at the Delhi-Haryana state border, India, Thursday, Dec. 3, 2020. Prime Minister Justin Trudeau rejected the diplomatic scolding Canada’s envoy to India received on Friday for his recent comments in support of protesting Indian farmers. Tens of thousands of farmers have descended upon the borders of New Delhi to protest new farming laws that they say will open them to corporate exploitation. THE CANADIAN PRESS/AP-Manish Swarup
Trudeau brushes off India’s criticism for standing with farmers in anti-Modi protests

The High Commission of India in Ottawa had no comment when contacted Friday

Most Read