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

Delta character - and former White Rock resident - Pansy May Stuttard inspects a loaded revolver in the cover photo for Jim Dwight and Gary Cullen’s fascinating biography, Lord don’t want me Devil won’t take me. Contributed photo
West Coast’s ‘Pistol-packin’ Pansy’ lives on in colourful biography

Infamous Delta character ended her days in White Rock and South Surrey

A science class at L.A. Matheson Secondary. March 2021. (Photo: Lauren Collins)
Reports of student attendance ‘dwindling’ at Surrey schools: teachers’ association

STA president said he’s heard from staff that students might not attend in-person for 4th quarter

(Photo: MOSAIC/Facebook)
Organization receives $10K from B.C. government to tackle racism in Surrey, White Rock

Funding to go toward forum for International Day for the Elimination of Racial Discrimination

A police officer aims a radar gun at oncoming traffic during a school-zone speed trap traffic blitz outside Peace Arch Elementary in 2017. (File photo)
White Rock council heeds residents’ plea for better speed signage

Roper Avenue concerns note proximity of two elementary schools

Vancouver resident Beryl Pye was witness to a “concerning,” spontaneous dance party that spread throughout social groups at Kitsilano Beach on April 16. (Screen grab/Beryl Pye)
VIDEO: Dance party erupts at Vancouver’s Kitsilano Beach to the dismay of onlookers

‘It was a complete disregard for current COVID-19 public health orders,’ says Vancouver resident Beryl Pye

Each spring, the Okanagan Fest-of-Ale is held in Penticton. This year, as a result of the COVID-19 pandemic, the festival will not be held. However, beer is still available. How much do you know about this beverage? (pxfuel.com)
QUIZ: How much do you really know about beer?

Put your knowledge to the test with this short quiz

Pall Bearers carrying the coffin of the Duke of Edinburgh, followed by the Prince of Wales, left and Princess Anne, right, into St George’s Chapel for his funeral, at Windsor Castle, in Windsor, England, Saturday April 17, 2021. (Danny Lawson/Pool via AP)
Trudeau announces $200K donation to Duke of Edinburgh award as Prince Philip laid to rest

A tribute to the late prince’s ‘remarkable life and his selfless service,’ the Prime Minister said Saturday

B.C. homeowners are being urged to take steps to prepare for the possibility of a flood by moving equipment and other assets to higher ground. (J.R. Rardon)
‘Entire province faces risk’: B.C. citizens urged to prepare for above-average spring flooding

Larger-than-normal melting snowpack poses a threat to the province as warmer weather touches down

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

Vancouver-based Doubleview Gold Corp. is developing claims in an area north of Telegraph Creek that occupies an important place in Tahltan oral histories, said Chad Norman Day, president of the Tahltan Central Government. (THE CANADIAN PRESS/HO)
B.C. Indigenous nation opposes mineral exploration in culturally sensitive area

There’s “no way” the Tahltan would ever support a mine there, says Chad Norman Day, president of its central government

Stz’uminus Elder George Harris, Ladysmith Mayor Aaron Stone, and Stz’uminus Chief Roxanne Harris opened the ceremony. (Cole Schisler photo)
Symbolic red dresses rehung along B.C. highway after vandals tore them down

Leaders from Stz’uminus First Nation and the Town of Ladysmith hung new dresses on Sat. April 17

A Western toadlet crosses the centre line of Elk View Road in Chilliwack on Aug. 26, 2010. A tunnel underneath the road has since been installed to help them migrate cross the road. Saturday, April 24 is Save the Frogs Day. (Jenna Hauck/ Progress File)
Unofficial holidays: Here’s what people are celebrating for the week of April 18 to 24

Save the Frogs Day, Love Your Thighs Day and Scream Day are all coming up this week

Local carpenter Tyler Bohn embarked on a quest to create the East Sooke Treehouse, after seeing people build similar structures on a Discovery Channel show. (East Sooke Treehouse Facebook photo)
PHOTOS: B.C. carpenter builds fort inspired by TV’s ‘Treehouse Masters’

The whimsical structure features a wooden walking path, a loft, kitchen – and is now listed on Airbnb

Most Read