The Inbetweeners—Mass Torts That Do Not Meet The Certification Criteria

What Canadian process is available for mass torts when a class action cannot be certified? That is one question addressed by the Ontario Superior Court of Justice in Carcillo v Canadian Hockey League (Carcillo).

In that proceeding, the motions judge declined to certify a class action brought by major junior hockey players who allege various abuses over nearly 50 years against the Canadian Hockey League corporation, three hockey league corporations and the 74 entities representing the 60 teams playing in those leagues.

Following the dismissal of certification, the plaintiffs brought a motion pursuant to, among others, section 7 of the Class Proceedings Act, 1992 (the Act), requesting that the motions judge transition the proposed class action to an alternative process. The motions judge granted the motion and ordered that the proposed class action be converted into up to 60 opt-in joinder actions (the Section 7 Order), each to be prosecuted by plaintiffs alleging