McEwan v. Canadian Hockey League
James Johnathon McEwan, as Representative Plaintiff
Law Firm / Organization
Klein Lawyers LLP
Canadian Hockey League/ Ligue Canadienne de Hockey
Law Firm / Organization
Stikeman Elliott LLP
Western Hockey League
Law Firm / Organization
Stikeman Elliott LLP
Canadian Hockey Association/ Association Canadienne de Hockey d.b.a. Hockey Canada
Law Firm / Organization
Stikeman Elliott LLP

Background:
James Johnathon McEwan, as the representative plaintiff, filed a proposed class action against the Canadian Hockey League (CHL), the Western Hockey League (WHL), and the Canadian Hockey Association (Hockey Canada). The claim, initiated on January 9, 2019, alleged negligence and breach of fiduciary duty for failing to protect players from head trauma, leading to long-term brain injuries, including chronic traumatic encephalopathy (CTE).

Legal Issues:
The case centered on whether the CHL and affiliated leagues knowingly exposed players to brain injuries and failed in their duty of care. The defendants challenged the certification process, sought to strike affidavits as inadmissible, and later applied for the recusal of the presiding judge, The Honourable Madam Justice Sharma, citing reasonable apprehension of bias. The recusal application was based on alleged prejudgment, denial of cross-examination, and procedural unfairness.

Judgment:
Justice Sharma dismissed the recusal application, ruling that the defendants failed to meet the test for reasonable apprehension of bias. The court upheld previous procedural rulings, emphasizing that no findings on the merits had yet been made. The defendants were denied their request to set aside prior decisions or file supplementary evidence but could still pursue further applications separately.

Costs/Awards:
The judgment did not specify the total amount of costs or damages awarded but dismissed the defendants' application, implying costs would likely follow the event, favoring the plaintiff.

Supreme Court of British Columbia
S190264
Tort law
Plaintiff