Bruno De Vita, K.C. and Marie Ong had an article published in the Risk and Insurance Management Society (RIMS) Canada National Newsletter titled, “Shot Blocked: Certification Denied for Proposed Class Action Aimed to Confront Hockey’s Culture of Hazing and Abuse.”
The article provides an overview of the dismissal of the certification motion for a proposed class proceeding against Canada’s four major junior hockey leagues and their 60 teams, in a case of Carcillo v. Canadian Hockey League, 2023 ONSC 886. The proposed class action involved allegations of institutional abuse, such as hazing, racism, homophobia, and sexual and physical abuse suffered by former and current junior hockey players who played in the Canadian Hockey League between May 8, 1975 and the present. The article highlights the challenges of addressing claims of institutional abuse through a class proceeding and the difficulties of advancing causes of action based on collective liability. The certification criteria were not met, and the Court suggested an “Individual Issues Protocol” as a realistic avenue for justice.Full Article
About RIMS Canada
The RIMS Canada Council is a sub-committee of the Risk and Insurance Management Society, Inc. It addresses the interests of Canadian RIMS members and their chapters in support of RIMS mission – “To Advance Risk Management for Your Organization’s Success.”
About Our Class Actions Practice Group
Our lawyers have extensive experience in representing entities involved in class action lawsuits, involving both national and bi-national issues. We have expertise in defending class actions throughout preliminary motions, certification, and post-certification stages, in negotiating and implementing complex class settlements, and in defending such proceedings on their merits, where so required. We recognize that class actions require a special set of skills to ensure that our clients receive the very best in legal representation in the most cost-effective manner. Our lawyers work hard to deliver services that meet these competing objectives.
Please contact a member of our Class Actions Practice Group if you have any questions.