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CHL Hockey Abuse Class Action
Koskie Minsky LLP is prosecuting a class proceeding against the Canadian Hockey League, the Ontario Hockey League, the Western Hockey League, the Quebec Major Junior Hockey League, and their teams for systemic abuse suffered by young players playing in these leagues.
The claim alleges widespread and ritualized hazing, racism, homophobia, sexual and physical abuse in the Canadian major junior hockey leagues.
The proposed class is made up of all former and current junior hockey players who claim to have suffered this abuse while playing in the Canadian major junior hockey leagues between May 8, 1975 and the present.
If you are interested in participating in the class action, please contact us at Toll Free: 1-833-630-1791 or Email: hockeyabuseclassaction@kmlaw.ca
For all media inquiries please contact James Sayce at jsayce@kmlaw.ca
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Latest Developments
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September 19, 2024
The appeal from the dismissal of the plaintiffs’ certification motion has now been rescheduled. It will be heard by the Court of Appeal for Ontario on January 27, 2025.
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September 13, 2024
The Court of Appeal has dismissed the defendants’ motion to “quash” part of the appeal. The reasons of the Court of Appeal are available here. Due to the timing of that decision, the hearing of the plaintiffs’ appeal from the dismissal of the certification motion was adjourned. The appeal will now be scheduled to be heard in January 2025.
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May 14, 2024
The appeal from the dismissal of the plaintiff’s certification motion to the Court of Appeal for Ontario has been rescheduled. It will now be heard on October 8, 2024.
The defendants’ motion to “quash” part of the appeal was heard on March 26, 2024. The Court of Appeal for Ontario has not yet released its decision.
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February 1, 2024
The appeal from the dismissal of the plaintiff’s certification motion will be heard by the Court of Appeal for Ontario on June 11, 2024.
The defendants have brought a motion to “quash” part of the appeal. Their motion will be heard in advance of the appeal, on March 26, 2024.
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December 7, 2023
The Court of Appeal for Ontario has stayed (suspended) the order of Justice Perell approving a Section 7 Plan. The plaintiffs’ appeal from the dismissal of their certification motion will proceed. The reasons of Justice Nordheimer of the Court of Appeal are available here.
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November 13, 2023
On February 3, 2023, Justice Perell dismissed the plaintiffs’ motion to certify this proceeding as a class action and invited the plaintiffs to move for the approval of an Individual Issues Protocol. The plaintiffs did so. However, the Section 7 Plan approved by Justice Perell on October 30, 2023 differs greatly from the Individual Issues Protocol proposed by the plaintiffs. In the view of the plaintiffs, the Section 7 Plan cannot provide efficient access to justice for players who were abused while playing Canadian major junior hockey. As a result, a class action offers the best route to access to justice for players. The plaintiffs will now pursue their appeal from the dismissal of the certification motion. The plaintiffs’ Notice of Appeal, which was filed on April 5, 2023, is available here.
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October 30, 2023
After hearing the plaintiffs’ motion for an Individual Issues Protocol on August 29, September 13 and 27, and October 13 and 30, 2023, Justice Perell ordered the approval of a Section 7 Plan. The Section 7 Plan order is available here.
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June 5, 2023
The plaintiffs have made a motion to Justice Perell to approve their proposed Individual Issues Protocol. A copy of the plaintiffs’ motion record is available here. The protocol described in the motion record will not become available to players unless it is approved by Justice Perell. Justice Perell will hear this motion on August 29, 2023, and September 13 and 27, 2023.
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April 19, 2023
The plaintiffs are in the process of developing a proposed Individual Issues Protocol and Recruitment Plan. A motion will be brought before Justice Perell to approve the Protocol and Plan. That motion will be heard commencing on August 29, 2023, and may be continued on September 13 and 27, 2023.
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February 3, 2023
Justice Perell released his decision on the motions heard in November 2022. Justice Perell found that the court could assume jurisdiction over each of the teams and leagues. While Justice Perell accepted the plaintiffs’ evidence that “bullying, harassment, hazing, and criminal conduct” were “pervasive” among the teams of the CHL, he dismissed the motion for certification. Instead, he provided the plaintiffs with 120 days to propose an “Individual Issues Protocol” under which the claims of individual former players would be determined. Justice Perell’s reasons are available here
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May 5, 2022
The hearing of the motion for certification has been rescheduled and will now take place from November 14 to 18, 2022. The Defendants’ cross-motion to strike the claim against certain Defendants will be heard at the same time. A copy of the File Direction rescheduling the hearing of these motions can be found in the Documents section.
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January 7, 2022
The motion for certification will be heard June 13-17, 2022 and will be heard alongside the Defendants’ cross-motion to strike the claim against certain Defendants.
A motion brought by the Plaintiffs to produce the Defendants’ insurance policies will be heard on February 15, 2022.
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June 23, 2021
The Plaintiffs’ certification motion is scheduled to be heard on February 14-18, 2022. A copy of the timetable for the hearing of the motion can be found under the Documents section.
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June 18, 2020
The statement of claim in this action has been issued. A copy is available here.
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September 19, 2024
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Documents
- September 13, 2024 Decision of the Court of Appeal for Ontario re: Motion to Quash
- December 7, 2023 Endorsement of Justice Nordheimer staying the Section 7 Order
- October 30, 2023 Order Approving Section 7 Plan
- April 14, 2022 Fresh as Amended Statement of Claim
- June 5, 2023 Motion Record of the Plaintiffs re: Individual Issues Protocol
- April 19, 2023 File Direction of Perell J. re: Individual Issues Protocol Motion
- April 5, 2023 Notice of Appeal re: Certification
- February 3, 2023 Certification, Ragoonanan and Dismissal Order
- February 3, 2023 Decisions and Reasons of Perell J. on Certification and Jurisdiction
- November 14, 2022 Reply Factum of the Moving Plaintiffs, Certification
- November 10, 2022 Reply Factum of the Moving Defendants, Ragoonanan
- November 10, 2022 Reply Factum of the Moving Defendants, Jurisdiction
- October 25, 2022 Factum of the Responding Plaintiffs – Jurisdiction and Ragoonanan
- October 25, 2022 Factum of the Responding Defendants – Certification
- October 3, 2022 Factum of the Moving Defendants - Jurisdiction Motion, Returnable November 14-18, 2022
- October 3, 2022 Factum of the Moving Defendants - Ragoonanan Motion, Returnable November 14-18, 2022
- October 3, 2022 Factum of the Moving Plaintiffs
- September 29, 2022 Transcript Brief (vol 9 of 9)
- September 29, 2022 Transcript Brief (vol 8 of 9)
- September 29, 2022 Transcript Brief (vol 7 of 9)
- September 29, 2022 Transcript Brief (vol 6 of 9)
- September 30, 2022 Transcript Brief (vol 5 of 9)
- September 29, 2022 Transcript Brief (vol 4 of 9)
- September 29, 2022 Transcript Brief (vol 3 of 9)
- September 29, 2022 Transcript Brief (vol 2 of 9)
- September 29, 2022 Transcript Brief (vol 1 of 9)
- May 3, 2022 File Direction (Rescheduling the Certification Motion Hearing)
- May 2, 2022 Second Supplementary Motion Record (Certification Motion)
- March 4, 2022 Supplementary Affidavit of Dan Mackenzie
- February 11, 2022 Reply Factum Of The Moving Plaintiffs' Motion Re: Independent Panel Report
- February 9, 2022 Responding Parties' Factum (Motion to Compel Independent Review Panel Evidence)
- February 4, 2022 Factum Of The Moving Plaintiffs Motion Re: Independent Panel Report
- December 1, 2021 Motion Record
- December 1, 2021 Reply Motion Record
- October 29, 2021 Defendants' Responding Affidavit of Ron Robison (sworn Oct 29, 2021)
- October 29, 2021 Defendants' Responding Affidavit of Robert Smith (sworn Oct 29, 2021)
- November 1, 2021 Defendants' Responding Affidavit of Paul Dennis (sworn Nov 1, 2021)
- October 28, 2021 Defendants' Responding Affidavit of Kruise Reddick (sworn Oct 28, 2021)
- October 29, 2021 Defendants' Responding Affidavit of Jeff Chynoweth (sworn Oct 29, 2021)
- October 29, 2021 Defendants' Responding Affidavit of Gord Broda (sworn Oct 29, 2021)
- November 1, 2021 Defendants' Responding Affidavit of Gilles Courteau (sworn Nov 1, 2021)
- November 1, 2021 Defendants' Responding Affidavit of Eric Chouinard (sworn Nov 1, 2021)
- November 1, 2021 Defendants' Responding Affidavit of Eric Calder (sworn Nov 1, 2021)
- November 1, 2021 Defendants' Responding Affidavit of David Branch (sworn Nov 1, 2021)
- November 1, 2021 Defendants' Responding Affidavit of Dave Lorentz (sworn Nov 1, 2021)
- October 29, 2021 Defendants' Responding Affidavit of Dan MacKenzie (sworn Oct 29, 2021)
- October 28, 2021 Defendants' Responding Affidavit of Chad Taylor (sworn Oct 28, 2021)
- October 29, 2021 Defendants' Responding Affidavit of Cam Hope (sworn Oct 29, 2021)
- October 28, 2021 Defendants' Responding Affidavit of Brett Bartman (sworn Oct 28, 2021)
- October 28, 2021 Defendants' Responding Affidavit of Bob Tory (sworn Oct 28, 2021)
- November 1, 2021 Defendants' Responding Affidavit of Ben Fanelli (sworn Nov 1, 2021)
- October 29, 2021 Defendants' Responding Affidavit of Yves Lacasse (sworn Oct 29, 2021)
- October 28, 2021 Defendants' Responding Affidavit of Terry Bartman (sworn Oct 28, 2021)
- October 29, 2021 Defendants' Responding Affidavit of Scott Abbott (sworn Oct 29, 2021)
- October 31, 2021 Defendants' Responding Affidavit of Ryan Daniels (sworn Oct 31, 2021)
- March 17, 2021 Supplementary Motion Record (Certification)
- December 17, 2020 Motion Record (Certification) Volume 4
- December 17, 2020 Motion Record (Certification) Volume 3
- December 17, 2020 Motion Record (Certification) Volume 2
- December 17, 2020 Motion Record (Certification) Volume 1
- January 4, 2021 File/Direction/Order
- June 18, 2020 Statement of Claim
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FAQS
What is a class action?
A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.
What does certification mean?
In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class
members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.How do I know if I am a Class Member?
The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.
Are Class Members notified of the certification of the class proceeding?
Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.
Can I opt out of a class action and pursue independent legal action?
Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.
Will there be any cost to class members for legal fees?
Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.
I still have questions…
Please feel to contact us by using the contact information on this site.
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Contacts
Toll Free: 1-833-630-1791
