Friday, April 26, 2024
ADVT 
Sports

Junior hockey employment class action on thin ice

Darpan News Desk The Canadian Press, 28 Oct, 2020 10:37 PM
  • Junior hockey employment class action on thin ice

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.

MORE Sports ARTICLES

World Championships Gold 'My Answer To People Who Questioned Me': PV Sindhu

PV Sindhu, who had lost her previous two World Championships final, blitzed Nozomi Okuhara in the 2019 summit clash to script history.    

World Championships Gold 'My Answer To People Who Questioned Me': PV Sindhu

Yuvraj Singh-Led Global T20 Canada Team Refuses To Play Over Unpaid Wages: Reports

Global League T20: Toronto Nationals, led by former India all-rounder Yuvraj Singh and George Bailey’s Montreal Tigers initially refused to take the bus at the scheduled departure time from the team hotel to the CAA Centre in Brampton over unpaid wages  

Yuvraj Singh-Led Global T20 Canada Team Refuses To Play Over Unpaid Wages: Reports

Pakistan Opener Imam Ul Haq Apologises For Online Scandal Involving Multiple Women

Imam-ul-Haq has tendered an unconditional apology for being involved in an online scandal with multiple women and the cricket board has let him off with a reprimand.

Pakistan Opener Imam Ul Haq Apologises For Online Scandal Involving Multiple Women

Sarabjot Singh Wins India's Ninth Gold At ISSF Junior World Cup

After six days of top class shooting and with one more day to go, India remain on top of the medal standings with nine gold, nine silver and four bronze for a total of 22 medals.  

Sarabjot Singh Wins India's Ninth Gold At ISSF Junior World Cup

India Crash Out Of World Cup After Top-order Collapse

He came, he put on a show, but Ravindra Jadeja failed to conquer as India crashed out of the World Cup after losing to New Zealand by 18 runs in the semifinal at the Old Trafford on Wednesday.

India Crash Out Of World Cup After Top-order Collapse

WATCH: Pro-Khalistan Protestors Evicted From India Vs New Zealand Game In Manchester

Sikh separatists raising anti-India slogans were evicted from Old Trafford during Tuesday's World Cup semifinal, leaving a red-faced ICC scampering for cover yet again.

WATCH: Pro-Khalistan Protestors Evicted From India Vs New Zealand Game In Manchester