COURT FILE NO.: CV-20-00642705-00CP
DATE: 2023/10/30
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
DANIEL CARCILLO. GARRETT TAYLOR, and STEPHEN QUIRK
Plaintiffs
- and -
ONTARIO MAJOR JUNIOR HOCKEY LEAGUE, CANADIAN HOCKEY LEAGUE, WESTERN HOCKEY LEAGUE, QUÉBEC MAJOR JUNIOR HOCKEY LEAGUE, BARRIE COLTS JUNIOR HOCKEY LTD., GUELPH STORM LTD., HAMILTON BULLDOGS FOUNDATION INC., KINGSTON FRONTENACS HOCKEY LTD., KITCHENER RANGERS JR. A. HOCKEY CLUB, LONDON KNIGHTS HOCKEY INC., MISSISSAUGA STEELHEADS HOCKEY CLUB INC., 2325224 ONTARIO INC. o/a MISSISSAUGA STEELHEADS, NIAGARA ICEDOGS HOCKEY CLUB INC., NORTHBAY BATTALION HOCKEY CLUB LTD., OSHAWA GENERALS HOCKEY ACADEMY LTD., OTTAWA 67'S LIMITED PARTNERSHIP c.o.b. OTTAWA 67's HOCKEY CLUB, THE OWEN SOUND ATTACK INC., PETERBOROUGH PETES LIMITED, 649643 ONTARIO INC. o/a 211 SSHC CANADA ULC o/a SARNIA STING HOCKEY CLUB, SOO GREYHOUNDS INC., SUDBURY WOLVES HOCKEY CLUB LTD., WINDSOR SPITFIRES INC., MCCRIMMON HOLDINGS, LTD., 32155 MANITOBA LTD., A PARTNERSHIP c.o.b. as BRANDON WHEAT KINGS, BRANDON WHEAT KINGS LIMITED PARTNERSHIP, CALGARY FLAMES LIMITED PARTNERSHIP, CALGARY SPORTS AND ENTERTAINMENT CORPORATION, EDMONTON MAJOR JUNIOR HOCKEY CORPORATION, KAMLOOPS BLAZERS HOCKEY CLUB, INC. KAMLOOPS BLAZERS HOLDINGS LTD., KELOWNA ROCKETS HOCKEY ENTERPRISES LTD., PRINCE ALBERT RAIDERS HOCKEY CLUB INC., EDGEPRO SPORTS & ENTERTAINMENT LTD., QUEEN CITY SPORTS & ENTERTAINMENT GROUP LTD., BRAKEN HOLDINGS LTD., REBELS SPORTS LTD., SASKATOON BLADES HOCKEY CLUB LTD., VANCOUVER JUNIOR HOCKEY LIMITED PARTNERSHIP and VANCOUVER JUNIOR HOCKEY PARTNERSHIP, LTD c.o.b. VANCOUVER GIANTS, WEST COAST HOCKEY LLP, WEST COAST HOCKEY ENTERPRISES LTD., o/a VICTORIA ROYALS, MEDICINE HAT TIGERS HOCKEY CLUB LTD., 1091956 ALTA LTD. o/a THE MEDICINE HAT TIGERS, SWIFT CURRENT TIER 1 FRANCHISE INC. and SWIFT CURRENT BRONCOS HOCKEY CLUB INC. o/a THE SWIFT CURRENT, ICE SPORTS & ENTERTAINMENT INC. o/a WINNIPEG ICE, MOOSE JAW TIER 1 HOCKEY INC. D.B.A. MOOSE JAW and MOOSE JAW WARRIORS TIER 1 HOCKEY, INC. WARRIORS o/a MOOSE JAW WARRIORS, LETHBRIDGE HURRICANES HOCKEY CLUB, 649643 ONTARIO INC. c.o.b. as SARNIA STING, KITCHENER RANGER JR A HOCKEY CLUB and KITCHENER RANGERS JR “A” HOCKEY CLUB, LE TITAN ACADIE BATHURST (2013) INC., CLUB DE HOCKEY JUNIOR MAJEUR DE BAIE-COMEAU INC. o/a DRAKKAR BAIE-COMEAU, CLUB DE HOCKEY DRUMMOND INC. o/a VOLTIGEURS DRUMMONDVILLE, CAPE BRETON MAJOR JUNIOR HOCKEY CLUB LIMITED o/a SCREAMING EAGLES CAPE BRETON, LES OLYMPIQUES DE GATINEAU INC., HALIFAX MOOSEHEADS HOCKEY CLUB INC., CLUB HOCKEY LES REMPARTS DE QUÉBEC INC., LE CLUB DE HOCKEY JUNIOR ARMADA INC., MONCTON WILDCATS HOCKEY CLUB LIMITED, LE CLUB DE HOCKEY L’OCÉANIC DE RIMOUSKI INC., LES HUSKIES DE ROUYNNORANDA INC., 8515182 CANADA INC. c.o.b. as CHARLOTTETOWN ISLANDERS, LES TIGRES DE VICTORIAVILLE (1991) INC., SAINT JOHN MAJOR JUNIOR HOCKEY CLUB LIMITED, CLUB DE HOCKEY SHAWINIGAN INC. o/a CATARACTES SHAWNIGAN, CLUB DE HOCKEY JUNIOR MAJEUR VAL D’OR INC. o/a VAL D'OR FOREURS, 7759983 CANADA INC. c.o.b. as CLUB DE HOCKEY LE PHOENIX, 9264-8849 QUÉBEC INC. c.o.b. as GROUPE SAGS 7-96 AND LES SAGUENÉENS, JAW HOCKEY ENTERPRISES LP c.o.b. ERIE OTTERS, IMS HOCKEY c.o.b. FLINT FIREBIRDS, SAGINAW HOCKEY CLUB, L.L.C., EHT, INC., WINTERHAWKS JUNIOR HOCKEY LLC, PORTLAND WINTER HAWKS INC., THUNDERBIRDS HOCKEY ENTERPRISES, L.L.C., BRETT SPORTS & ENTERTAINMENT, INC., HAT TRICK, INC., TRI-CITY AMERICANS HOCKEY LLC, and TOP SHELF ENTERTAINMENT, INC.
Defendants
Proceeding under the Class Proceedings Act, 1992
• James Sayce, Vlad Calina, and Caitlin Leach for the Plaintiffs.
• Gannon Beaulne and Nina Butz for the Defendants.
• Hardeep Dhaliwal for the Jaw Hockey Enterprises LP c.o.b. Erie Otters, IMS Hockey c.o.b. Flint Firebirds, Saginaw Hockey Club, L.L.C., EHT, Inc., John Doe Corp. A o/a Everett Silvertips Hockey Club, Winterhawks Junior Hockey LLC, Portland Winter Hawks Inc., Thunderbirds Hockey Enterprises, L.L.C., John Doe Corp. B o/a Seattle Thunderbirds, Brett Sports & Entertainment, Inc., Hat Trick, Inc., John Doe Corp. C o/a Spokane Chiefs, Tri-City Americans Hockey LLC and John Doe Corp. D o/a Tri-City Americans.
Hearing: October 30, 2023
PERELL, J.
ENDORSEMENT
[1] Following a composite hearing of a Certification Motion, a Ragoonanan Motion, and a Jurisdiction Motion, there have been four hearings in a motion to settle a Section 7 Order pursuant to the Class Proceedings Act, 1992.[^1] At the fourth hearing, I approved the Draft 7 Plan.
[2] After the Phase 4 hearing, the only outstanding matter was to settle the recitals and the terms of the Court’s Order approving the Plan. I, therefore, scheduled today for a hearing to settle the Order.
[3] If the parties could agree on the form and the content of the Order, then the motion scheduled for today would proceed in writing. However, although the disagreements were minor, the parties could not agree on the form and content of the Order approving the s. 7 plan, and so there was a short hearing to hear their submissions.
[4] And the parties also had a minor disagreement about the form and content of the Order: (a) dismissing the Jurisdiction Motion; (b) dismissing the Certification Motion and (b) granting the Ragoonanan Motion.
[5] The first dispute about the section 7 plan Order was about whether the Order should name “Epiq Class Action Services Canada” as the Administrator. The approved s. 7 Plan, however, in s. 4.0.1, only states that there will be an "administrator to be agreed upon by the parties or as appointed by the Court." The Plaintiffs request that Epiq be immediately named because to date the Defendants have not suggested an alternative.
[6] I am not persuaded that Epiq should be appointed now. If necessary, this matter should be dealt with by motion as already stipulated by the approved s. 7 Plan.
[7] The second dispute about the section 7 plan Order concerns paragraph 5 of the draft order. Paragraph 5 of the Order is set out below. The dispute concerns the underlined emphasized words. The Defendants object to the inclusion of this language.
- THIS COURT ORDERS that the defendants shall provide the personal contact information for Players (as defined in Appendix “A”) within their possession to Koskie Minsky LLP and to the Administrator in the manner specified in the Section 7 Order, and it directs that (a) Koskie Minsky LLP and the Administrator may use that personal contact information for the purposes of effecting notice in accordance with the Section 7 Order and (b) the foregoing does not breach the statutory and common law (or other) privacy rights of the potential plaintiffs.
[8] About this disagreement, I favour the Plaintiffs’ position that these words should be included in paragraph 5 of the Order.
[9] It is technically true that it is only the Administrator who will be giving direct notice to the potential plaintiffs and that Koskie Minsky LLP does not need this contact information for the role that it has to play in giving notice by press releases and internet postings.
[10] However, it remains to be seen whether having this contact information would be helpful to Koskie Minsky LLP should they receive inquiries from potential plaintiffs as a result of the direct notice given by the Administrator or as a result of the indirect notice given by Koskie Minsky LLP.
[11] Where there are opt-out notice programs, it is common for the plaintiff to be given contact information from the defendant to facilitate communications with the potential class members. A Section 7 plan is an opt-in program, and I see no harm in requiring the contact information to be provided to Koskie Minsky LLP. Because the contact information is being provided pursuant to court order, the Defendants will be compliant with privacy laws.
[12] Turning to the trifling dispute about the form – not the content- of the Order amongst other things dismissing the Certification Motion, the Plaintiffs propose that the Order refer to an individual issues protocol, which is the language I used in my Reasons for Decision, and the Defendants propose that the Order refer to a section 7 Plan, which is the phraseology that I have been using subsequently. I agree with the Defendants.
[13] For the above reasons, I therefore approve the two Orders as they have been drafted by the Defendants save for the matter of Koskie Minsky LLP also receiving contact information. I have signed the Orders.
Perell, J.
Released: October 30, 2023
COURT FILE NO.: CV-20-00642705-00CP
DATE: 20231030
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
DANIEL CARCILLO and GARRETT TAYLOR
Plaintiffs
- and -
CANADIAN HOCKEY LEAGUE et al
Defendants
ENDORSEMENT
PERELL J.
Released: October 30, 2023
[^1]: S.O. 1992, c. 6.