The Ontario Court of Appeal has dismissed an appeal of the lower court’s decision declining to certify a proposed class action brought by three former junior hockey players against the Canadian Hockey League (CHL), its three regional leagues, and its 60 affiliated teams. The plaintiffs alleged systemic abuse across the major junior hockey system over a 50-year period.
In a unanimous decision released on September 22, 2025, the Court upheld the Superior Court’s decision, citing the proposed class proceeding’s unprecedented scope and complexity which prevented it from being preferable as a class action. The Court found that the plaintiffs failed to present a workable litigation plan capable of managing the scale and complexity of the case, which involved 78 defendants across 13 jurisdictions and a wide range of alleged misconduct.
While acknowledging the seriousness of the allegations and the importance of access to justice for class members, the Court emphasized that proceeding in the proposed form would undermine, rather than advance, the class action regime’s goals of judicial efficiency, behavioural reform and access to justice. The Court also rejected the plaintiffs’ attempt to radically alter their case on appeal by dropping the team defendants (who made up the vast majority of the defendants), noting that such changes were not raised before the motion judge and would prejudice the respondents.
Importantly, the Court clarified that its decision does not prevent the plaintiffs from pursuing individual or grouped actions for compensation. A litigation plan allowing players to bring claims against their respective teams, regional leagues, and the CHL has already been approved by the Superior Court and was not appealed by the plaintiffs.
Cassels acted as co-counsel for the US-based Major Junior team respondents.