Walter v. Canadian Hockey League
This is a class action against the Western Hockey League (WHL) and its umbrella organization, the Canadian Hockey League. The plaintiffs claim that during the time they played in the WHL, they were employees of the clubs and were therefore entitled to receive minimum wage payments in accordance with minimum wage legislation in the respective Canadian and US jurisdictions. This is the parallel claim to the Berg v. Ontario Hockey League matter in Ontario.
The representative plaintiff brought an ex parte motion for approval of the contingency fee agreement with their counsel, and for approval of the “financing and indemnity agreement” between the representative plaintiff, class counsel and a funder.
The Court approved the contingency fee agreement, subject to amendments directed by the court. It also approved the agreement with the funder, and ordered that (1) documents exchanged between the plaintiff, class counsel and the funder are confidential; and (2) the plaintiff and class counsel can provide documents to the funder, including transcripts and productions from the action, on the condition that the funder and its staff are bound by the deemed or implied undertaking rule.
In 2017, this action was certified as a class action.