LEGAL NOTICE AUTHORIZED BY THE ONTARIO SUPERIOR COURT OF JUSTICE
ARE YOU A FORMER PLAYER IN THE CFL? IF SO, YOUR RIGHTS COULD BE AFFECTED.
READ BELOW TO LEARN MORE.
TORONTO, Oct. 31, 2023 /CNW/ -
A class action lawsuit was commenced in Ontario by Mr. Banks against the Canadian Football League ("CFL"), its teams, former commissioner and others on behalf of former CFL players who suffered concussion-related injuries while playing in the league ("Former Players").
Former CFL player Arland Bruce also filed a similar concussion-related lawsuit as an individual (not as a class action). After a hearing and appeals all the way to the Supreme Court of Canada, Mr. Bruce's legal claims were directed to proceed by way of labour arbitration rather than through the courts.
The class action lawsuit has now been discontinued (withdrawn) against all of the defendants. This is because it is likely that claims relating to Former Players' concussions are required to be resolved through labour arbitration rather than in the courts.
Arbitration is a private contractual dispute resolution process that occurs before a decision maker known as an arbitrator. In this case, the arbitration process is driven by the Collective Bargaining Agreements ("CBA's") established between the CFL Player's Association ("CFLPA") and the CFL defendants over time.
The CFL Defendants (the league, its teams and former commissioner Mark Cohon) have agreed to a labour arbitration process whereby Former Players alleging a concussion related injury as of October 31, 2023 can seek to file a claim (known as a "Grievance" within the arbitration process). The arbitration process will be governed by the applicable CBA as follows:
The arbitration process provides, among other things, that:
There is no guarantee of success for any party in any legal proceeding including within an arbitration. Former Players and the CFL defendants retain all claims and defences that are available to them under the CBAs or at law.
To the knowledge of Mr. Banks' counsel and the CFL defendants, certain notices of arbitration for concussion related claims have been filed by Wishart Brain & Spine Law (contact details below) and by the CFLPA. Specifically:
Former Players known to have suffered a concussion-related injury caused while playing in the CFL prior to October 31, 2023 and wishing to file a Grievance to participate in the arbitration process must file their Grievance(s) by April 30, 2024, which is 6 months from October 31, 2023.
Former Players looking to file a Grievance may hire a lawyer of their choice to assist them or contact the CFLPA as indicated above.
If you know you suffered a concussion-related injury while playing in the CFL and do not file a Grievance by April 30, 2024, you will not be entitled to file a claim at a later date.
For more information about the discontinued class action please visit www.foremancompany.com/CFL or contact:
Foreman & Company: Toll free at 1-855-814-4575 ext. 107 or e-mail at [email protected]; or
Camp Fiorante Matthews Mogerman LLP: Toll free at 1-800-689-2322 or e-mail at [email protected].
Robyn Wishart of Wishart Brian & Spine Law has also initiated Grievances for Former Players. Ms. Wishart can be reached at: Toll free at 1-855-947-4278 or e-mail at [email protected].
SOURCE Foreman & Company Professional Corporation