In 2023, the Ontario Superior Court released the decision of Carcillo v Canadian Hockey League (Carcillo), which provided updated guidance to individuals deciding whether to pursue a claim as part of a class action. In Carcillo, a group of former junior hockey players initiated a lawsuit against 60 amateur teams and the leagues in which they played. The claim alleges widespread sexual, physical and racial abuse spanning from 1975 to present day perpetrated by players, coaches, and others affiliated with the teams and leagues.
The court prevented the former junior hockey players from moving their claims forward as one class action proceeding and instead held that the players should proceed as 60 different actions, one against each team. The court found that, due to the complexity of the allegations and the number of parties involved, a single class action would be impossible for the court to effectively manage. Instead, the court preferred to split the actions up, finding that this method allowed for individualized justice and would help to ensure that each player’s case was considered.
In this episode, Bobbie discusses the decision in Carcillo and considers the benefits and drawbacks of class actions compared to mass tort actions. After a deep dive into the court’s reasoning, and the cases the court relies upon to justify their decision, Bobbie considers the access to justice concerns that can arise from both types of legal proceedings.
Will mass torts be an adequate alternative for former junior players to bring their claims, or will access to justice become even more difficult?
Bobbie Alvernaz – Producer, Host, Editor
Music by https://www.bensound.com
Artist: Roman Senyk
License code: UCFS3TLIMM42JATI
Pro Bono Radio is part of the Queen’s chapter of Pro Bono Students Canada. The Pro Bono Radio team are not lawyers, and this is not legal advice.
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Research Referred to in the Podcast:
Carcillo v. Canadian Hockey League, 2023 ONSC 886
Hudspeth v Whatcott, 2017 ONSC 1708
Joanisse v. Barker, 2003 CanLII 25791 (ON SC)
AIC Limited v. Fischer, 2013 SCC 69
Class Proceedings Act, 1992, S.O. 1992, c. 6
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