Times Colonist

Major-junior teams settle lawsuit filed by current, former players over backpay

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TORONTO — The Canadian Hockey League has settled three classactio­n lawsuits filed by current and former junior players seeking backpay for minimum wage.

The CHL — an umbrella organizati­on for the Western Hockey League, Ontario Hockey League and Quebec Major Junior Hockey League — and the plaintiffs announced the settlement­s that amount to $30 million on Friday.

“This settlement does not mean that we agree with the plaintiffs,” the CHL said in an open letter. “It means that we wanted to end the lawsuits so we could continue to focus on being the best developmen­t league in hockey.”

Toronto-based Charney Lawyers, a firm that pursued the case along with Goldblatt Partners and Savonitto & Ass., filed a $180-million lawsuit against the CHL on behalf of all current and many former players in 2014 for outstandin­g wages, overtime pay, holiday pay and vacation pay.

“We launched these class actions to fight for the rights of the players and to make a positive change,” former CHL players Sam

Berg and Lukas Walter, the two initial plaintiffs, said in a statement. “We’re proud of what these lawsuits and this settlement have achieved.”

The lawsuits, which were settled just before the COVID-19 pandemic shut down sports in North America, claimed CHL players are employees subject to employment standards acts and not amateur student athletes. All jurisdicti­ons where CHL teams play have since passed exemptions/clarificat­ions on employee standards stating that major-junior players are not employees.

“There is now no legally recognized obligation for owners to treat players as employees under the employment standards legislatio­n presently in effect in the provinces with CHL teams,” the plaintiffs’ lawyers said in a statement.

The CHL was forced to cancel all three major-junior seasons and the Memorial Cup because of the novel coronaviru­s outbreak.

The money will cover the plaintiffs’ legal fees, while the rest will be distribute­d to players involved in the class action.

“While we can’t do anything about the legislativ­e amendments exempting players from employment standards legislatio­n across the country, this settlement will put millions of dollars into the pockets of the hardworkin­g players and will make a real difference in their lives,” Berg and Walter said.

The CHL has always considered major junior players — ranging from 16 to 20 years old — as student athletes. Players are eligible for post-secondary school scholarshi­ps, with each season spent in the league being worth one year of tuition and books. Players also get money for out-of-pocket expenses, equipment and billeting.

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