Scott Radley: City of Hamilton, coaches, players and even parents sued in $6.5 million local minor hockey lawsuit

There have been plenty of lawsuits launched in response to incidents in youth sports.

Even so, the one filed recently in Hamilton is an eye-popper.

A number of coaches, a parent liaison, two minor hockey associations, the governing bodies of the sport in both Ontario and Canada, the City of Hamilton, three young players and even their parents are being sued for $6.5 million for what's being painted as a violent attack on a teammate on the ice at a local rink.

The plaintiffs - a minor hockey player and his father, both from Hamilton - describe what happened as egregious, high-handed, reprehensible, and malicious conduct exhibited by the Defendants" that led to what's described as a litany of injuries with lifelong impact.

Yet at least one of the parents being sued calls it laughable."

It is actually the complete opposite of what you're probably reading," she says.

The Spectator has chosen not to name the people involved as the players were believed to be about 12 at the time of the alleged incident.

Details in the lengthy statement of claim are vague and almost nobody is talking about what did or didn't happen. Rebbecca Phillips, the lawyer who filed it on behalf of the plaintiffs, didn't respond to numerous requests for comment. Glanbrook Minor Hockey, Ancaster Minor Hockey and the Ontario Minor Hockey Association - which are all named as defendants - all declined comment since the issue is before the court.

So what we have is just one side of the story. One that leaves many questions unanswered.

The claim says that suddenly and without warning and without provocation" during a Nov. 4, 2020 game or practice at Spring Valley Arena in Ancaster - likely a practice based on the organizational calendar for that day and the fact that the players being sued were teammates - (the plaintiff) was violently attacked and assaulted by the Defendants ... causing him to fall to the ice and fall unconscious."

This, it alleges, was contrary to the Criminal Code of Canada.

It goes on to say the plaintiff had been bullied by teammates prior to this, and team staff - who it claims were not properly trained or licensed, though it doesn't clarify what credentials were absent - were aware of it but didn't protect him by removing menacing" teammates or notify police.

None of the allegations have been proven in court. Hamilton police say they received a report of a November 2020 assault at Spring Valley Arena five months later, but concluded their investigation with insufficient evidence to proceed. And Hamilton Paramedic Service says there was no 911 call or ambulance dispatched to Spring Valley on that day.

Regardless, the claim alleges the actions left the plaintiff with mild traumatic brain injury, concussion, post-concussive syndrome, cognitive impairments, chronic pain, a neck injury, a jaw injury, back pain, abrasions and lacerations and bruising, headaches, sleep disturbances, memory loss, anxiety, mood and personality changes, depression, fearfulness, nightmares, and ripping, straining and tearing of the ligaments, muscles, nerves, soft tissues and discs of the neck, back, spine and upper and lower extremities.

It goes on to say he will continue to suffer physically and emotionally, his enjoyment of life has been permanently impaired, his ability to earn a living has been affected, his educational prospects have been reduced, he's suffered a permanent loss of housekeeping capacity," and he now even has a reduced opportunity to marry.

His father is also seeking damages of his own for loss of enjoyment of life, mental distress, anxiety and the loss of care, guidance and companionship he might have expected to receive from (his son)."

So where does this go from here?

The city's legal department says it intends to defend itself. And the players, coaches, associations and other volunteers who have been sued appear to be covered under Hockey Canada's insurance program.

The situation for the parents is muddier.

The one mother says she was surprised to be served and doesn't yet know if she has to get her own lawyer. It seems she might have to do that.

Parents who are not coaches would not be covered under Hockey Canada's insurance policy," says Hockey Canada manager of communications Spencer Sharkey.

When and if this gets to a judge, the plaintiffs say they want a message sent that should lead to punitive and exemplary damages.

An example should be made of the defendants to teach others that such conduct will not be tolerated," the claim says.

Scott Radley is a Hamilton-based columnist at The Spectator. Reach him via email: sradley@thespec.com