Ford government spoke too soon on CHL employment issue, players’ lawyer says

TORONTO — A law firm representing major junior hockey players in a class-action lawsuit against the Canadian Hockey League says it wasn’t given an opportunity to present its side before the Ontario government of Premier Doug Ford threw its support behind the league.

Joshua Mandryk, a lawyer at Goldblatt Partners, said Michael Tibollo, minister of tourism, culture and sport, made a public statement backing the Ontario Hockey League last Thursday without hearing both sides in the players’ lawsuit seeking wages from the CHL.

“Certainly, we had hoped and anticipated that we had been able to respond before the government did,” Mandryk told The Canadian Press.

“Minister Tibollo did not have the benefit of our letter and our input when he made his statement, and you know of course we certainly hope he takes into consideration the circumstances facing these players when they craft the ‘solution’ they are referring to.”

Ontario Hockey League commissioner David Branch, who also serves as CHL president, sent a letter to the provincial government on Nov. 5 as an effort to keep the league’s 425 players under the title of amateur athletes, and not allow them to potentially become employees regulated by provincial employment standards legislation.

The government responded to Branch’s letter on Thursday, with Tibollo offering Branch a form of support by declaring “our government is behind you,” and that “I want to reassure the OHL and the people of Ontario that we are actively looking at providing this clarity to the OHL.”

Tibollo had not yet responded to a request for comment by the Canadian Press.

In 2014, Toronto-based Charney Lawyers, a firm pursuing the case along with Goldblatt Partners, filed a $180-million lawsuit against the CHL on behalf of all current and many former players for outstanding wages, overtime pay, holiday pay and vacation pay. Sam Berg, a former Niagara IceDogs forward, and Daniel Pachis, a former member of the Oshawa Generals, were recognized as the representative plaintiffs against the OHL when the lawsuit was certified in March 2017.

The OHL has appealed the certification and is expected to be heard in court on Jan. 29.