Canadian Football League (“CFL”) Class Action discountinued and Former Players’ rights converted to arbitration.
The deadline for Former Players to file a grievance for known or suspected concussion-related injury impacts is April 30, 2024.
Canadian Football League Class Action
Court:
Ontario Superior Court of Justice
Former CFL Players:
If you are a former CFL player, or you represent the estate of a former CFL player who ceased being a member of an active CFL roster as of October 31, 2023, and who suffered from concussion-related injuries through CFL activity, this information may affect your interests.
Defendants:
Mark Steven Cohon, The Canadian Football League, B.C. Lions Football Club Inc., Edmonton Eskimo Football Club, Calgary Stampeders 2012 Inc., Saskatchewan Roughrider Football Club Inc., Winnipeg Blue Bombers, The Hamilton Tiger-Cat Football Club, Toronto Argonauts Football Club Inc., Compagnie Club de Football des Alouettes de Montréal, Capital Gridiron Limited Partnership c.o.b. as Ottawa Redblacks Football Club, Capital Gridiron GP Inc., the general partner of Capital Gridiron Limited Partnership, Ottawa Renegades Football Club Inc. (together, the “CFL Defendants”), and Charles H. Tator and Krembil Neuroscience Centre.
The content of this page has not been approved by the Court nor does it constitute legal advice. It is for the purpose of providing general information only.
Case Contacts
Important Update
Former CFL Players may seek compensation by initiating a claim (known as a grievance) through Labour Arbitration
Players who ceased being a member of an active CFL roster as of October 31, 2023 (“Former Players”) have the right to file a grievance with the CFL Defendants relating to any disputes alleging concussion-related injury pursuant to the CFL’s collective bargaining agreements (“CBAs”).
Important: if you know you suffered a concussion-related injury while playing in the CFL and you do not file a grievance by April 30, 2024 you will not be entitled to file a claim at a later date.
Details of this process are outlined below.
What is Arbitration?
Claims in an arbitration are known as a “grievance”. Arbitration is a dispute resolution process that takes place before a decision maker called an Arbitrator. The parties involved present their facts to the arbitrator(s), and the arbitrator(s) make a final binding decision based on those facts and the applicable law. The CBAs provide for an arbitration process with the CFL Defendants. Arbitration does not take place in court. It is known as an alternative dispute resolution mechanism.
Arbitration Rights
The arbitration process will be governed by the applicable CBAs as follows:
For claims that arose pre- May 2019, the 2014-2019 CBA will apply; and
For claims that arise after May 2019, the subsequent CBA will apply.
A copy of the 2014-2019 CBA can be found here. Subsequent CBAs can be found on the Ontario Collective Agreements Portal, by searching for “Canadian Football League”.
The agreement regarding the arbitration process provides, among other things, that:
Former Players who were suffering from, or could reasonably be expected to have known that they were suffering from, a concussion-related injury as of October 31, 2023 may initiate a grievance under the terms of the applicable CBA;
The scope of the claims and relief available to Former Players under the 2014-2019 CBA incorporates a tort law structure. That structure includes the capacity for claims concerning negligence, negligent misrepresentation and equitable treatment by the CFL and the teams toward Former Players in relation to player safety, well-being and treatment of concussion-related injuries;
The arbitration process imposes no monetary limits to compensation that a Former Player can seek pursuant to the CBAs;
For the period from January 1, 2017 to April 30, 2024 the CFL will not raise any timeliness argument and it agrees that no arbitrator has jurisdiction to consider any delay for that time period. The CBAs otherwise include a timeliness requirement that a Grievance must be commenced within one year of the time in which the basis for the claim was reasonably discoverable by the Former Player; and
Otherwise, the arbitrator shall determine all issues of timeliness and discoverability concerning a grievance made by a Former Player, including factors concerning discoverability and tolling rights, if applicable, under the Class Proceedings Act, 1992.
There is no guarantee of success for any party in any legal proceeding including by way of an arbitration. Former Players and the CFL defendants retain all claims and defences that are available to them under the CBAs or at law.
CFLPA Group Grievance
A group grievance was filed by the CFLPA dated March 18, 2018, and is being scheduled for arbitration (the “Group Grievance”). The Group Grievance was filed separately and independently from the class action.
The CFLPA may represent any current or former player within the Group Grievance should any such player wish to be represented by the CFLPA.
Please contact the CFLPA at admin@cflpa.com to be added to emails and other communications from the CFLPA with updates about the Group Grievance and arbitration.
The CFLPA will also receive and consider requests for it to file individual grievances on behalf of individual members where it may be appropriate. Request for the CFLPA to file individual grievances can be submitted by email to admin@cflpa.com.
Arbitration Deadline
Former Players who have suffered a concussion-related injury caused while playing in the CFL prior to October 31, 2023 and wishing to participate in the arbitration process must file their grievance(s) by April 30, 2024, which is 6 months from October 31, 2023.
If you know you suffered a concussion-related injury while playing in the CFL and do not file a Grievance by April 30, 2023, you will not be entitled to file a claim at a later date.
Former Players looking to file a grievance and participate in the arbitration process may hire a lawyer of their choice to assist them, or contact the CFLPA.
Robyn Wishart of Wishart Brian & Spine Law has also initiated grievances on behalf of Former Players. Ms. Wishart can be reached at the details below.
The Class Action Lawsuit has been Discontinued (Withdrawn)
On May 29, 2015 a class action lawsuit was commenced on behalf of former CFL players. The case alleged that the Canadian Football League and other named defendants had systemically failed to warn Former Players of traumatic brain injury risk and to prevent traumatic brain injuries in CFL players.
On May 23, 2023, the Court issued an Order discontinuing the class action lawsuit in its entirety.
In a separate but similar case brought against the CFL, Canadian courts ruled that Former CFL Player’s injury claims cannot be made in court and must be resolved by way of labour arbitration pursuant to collective bargaining.
Who Do I Contact?
Inquiries about the arbitration process, or for assistance with filing a grievance, should be directed to your own lawyer or the CFLPA. Alternatively, you may contact Robyn Wishart at:
Wishart Brain & Spine Law
Attention: Robyn Wishart
E-mail: rlw@wishlaw.ca
Phone: 1.855.947.4278
Mail: #1010-570 Granville St.,
Vancouver, BC V6C 3P1
Website: https://brainandspinelaw.com
General inquiries about the class action and the discontinuance of that action should be directed to:
E-mail: classactions@foremancompany.com
Phone: Anni Barry - 519.914.1175 ext. 107
Mail: Foreman & Company
Attention: CFL Class Action
4 Covent Market Place
London, ON N6A 1E2