Recent settlement approval decisions issued by several provincial courts provide useful commentary on the appropriate scope of a release in a class action settlement.
Three parallel class actions were commenced concerning the employment status of Canadian Hockey League players: in Ontario for Ontario Hockey League players, in Alberta for Western Hockey League players, and in Quebec for Québec Major Junior Hockey League players. The class actions allege that the players did not receive minimum wage and other standard employment benefits to which they were entitled under provincial employment legislation. All three class actions were certified by their respective courts.
The parties agreed to settle the cases collectively for a lump sum payment of $30 million. As the settlement was subject to court approval in all three provinces, the parties arranged for a joint settlement approval hearing conducted pursuant to the Canadian Bar Association’s revised Canadian Judicial Protocol for the Management of Multi-Jurisdictional Class Actions and the Provision of Class Action Notice.
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