PRESS RELEASE
29 September 2025

Ontario Court Of Appeal Upholds Decision To Dismiss Certification Of Major Junior Hockey Class Action

BJ
Bennett Jones LLP

Contributor

Bennett Jones is one of Canada's premier business law firms and home to 500 lawyers and business advisors. With deep experience in complex transactions and litigation matters, the firm is well equipped to advise businesses and investors with Canadian ventures, and connect Canadian businesses and investors with opportunities around the world.
On September 22, 2025, the Ontario Court of Appeal upheld a February 2023 decision by the Ontario Superior Court of Justice to dismiss...
Canada

On September 22, 2025, the Ontario Court of Appeal upheld a February 2023 decision by the Ontario Superior Court of Justice to dismiss the certification of a class action alleging negligence by the defendants in failing to prevent abuses of hockey players by other perpetrators.

Bennett Jones acts for the defendants—the major junior hockey leagues and the owners of the 60 teams.

In dismissing the appeal, the Ontario Court of Appeal held that the proposed class action was "of an unprecedented scale and complexity, far greater than that of other systemic negligence class actions previously recognized". The Court of Appeal identified that the claim engaged 78 defendants spread across 13 jurisdictions with highly diverse allegations of abuses spanning a 50-year period. In this context, the Court of Appeal concluded that the motion judge reasonably determined the individual litigation was preferable to a class action. The Court of Appeal determined that, while representative plaintiffs have the right to "frame their case as systemic negligence to meet the common issues requirement, that right does not preclude courts from considering the additional complexity it creates when assessing preferability".

The Bennett Jones team was led by Michael Eizenga and included Gannon Beaulne, Ethan Schiff and Marshall Torgov (Class Action Litigation).

Contributor

Bennett Jones is one of Canada's premier business law firms and home to 500 lawyers and business advisors. With deep experience in complex transactions and litigation matters, the firm is well equipped to advise businesses and investors with Canadian ventures, and connect Canadian businesses and investors with opportunities around the world.

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