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

Patrons exercise at Re4rm Fitness prior to last week’s new, provincial COVID-19 regulations. (Photo submitted)
Williams Lake fitness centres adapt amid new COVID-19 regulations

Gymnastics, dance studios, martial arts, yoga, pilates, strength and conditioning impacted

Patrons enjoy some skiing and the views at the top of the chairlift at Mt. Timothy Recreation Resort. (Angie Mindus photo - Williams Lake Tribune)
Mt. Timothy nearing opening date; owners excited for upcoming season

Once open, hours will be Thursday through Sunday from 9 a.m. to 3:30 p.m.

School District 27 announced the first confirmed case of COVID-19 this week at Lake City Secondary School Williams Lake campus. (Angie Mindus photo - Williams Lake Tribune)
‘It was just a matter of time’: SD27 superintendent confirms two COVID-19 cases at LCSS

An entire PE class is self-isolating as Interior Health engages in contact tracing

A volunteer with the Williams Lake Minor Hockey Association for the past 12 years and its current president, Mike Rispin moved to the lakecity in 1991. (Greg Sabatino photo - Williams Lake Tribune)
OUR HOMETOWN: Rispin skates through pandemic at helm of minor hockey

“I never did plan on staying here, but I liked the outdoor activities,” Rispin said.

COVID-19. (Image courtesy CDC)
Interior Health reports 65 new cases of COVID-19

Province-wide, there are 887 new cases of the virus

B.C. Health Minister Adrian Dix and provincial health officer Dr. Bonnie Henry update the COVID-19 situation at the B.C. legislature, Nov. 23, 2020. (B.C. government)
B.C. sets another COVID-19 record with 887 new cases

Another 13 deaths, ties the highest three days ago

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Langley School District's board office. (Langley Advance Times files)
‘Sick Out’ aims to pressure B.C. schools over masks, class sizes

Parents from Langley and Surrey are worried about COVID safety in classrooms

The baby boy born to Gillian and Dave McIntosh of Abbotsford was released from hospital on Wednesday (Nov. 25) while Gillian continues to fight for her life after being diagnosed with COVID-19.
B.C. mom with COVID-19 still fighting for life while newborn baby now at home

Son was delivered Nov. 10 while Gillian McIntosh was in an induced coma

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

B.C. Premier John Horgan, a Star Trek fan, can’t resist a Vulcan salute as he takes the oath of office for a second term in Victoria, Nov. 26, 2020. (B.C. government)
Horgan names 20-member cabinet with same pandemic team

New faces in education, finance, economic recovery

The corporate headquarters of Pfizer Canada are seen in Montreal, Monday, Nov. 9, 2020. The chief medical adviser at Health Canada says Pfizer’s COVID-19 vaccine could be approved in Canada next month. THE CANADIAN PRESS/Ryan Remiorz
Health Canada expects first COVID-19 vaccine to be approved next month

Canada has a purchase deal to buy at least 20 million doses of Pfizer’s vaccine,

FILE – A paramedic holds a test tube containing a blood sample during an antibody testing program at the Hollymore Ambulance Hub, in Birmingham, England, on Friday, June 5, 2020. (Simon Dawson/Pool via AP)
Want to know if you’ve had COVID-19? LifeLabs is offering an antibody test

Test costs $75 and is available in B.C. and Ontario

The grey region of this chart shows the growth of untraced infection, due to lack of information on potential sources. With added staff and reorganization, the gap is stabilized, Dr. Bonnie Henry says. (B.C. Centre for Disease Control)
B.C. adjusts COVID-19 tracing to keep up with surging cases

People now notified of test results by text message

Most Read