1. | Affidavit of Kiara Sancler | November 19, 2015 |
A. | Agreement between the National Hockey League and Canadian Hockey League
| September 10, 2012 |
B. | Selected pages from the Collective Bargaining Agreement between the National Hockey League and its players | September 16, 2012 – September 15, 2022 |
C. | Letter from the State of Washington, Department of Labor and Industries to the Spokane Chiefs (Hat Trick, Inc.)
| December 2, 2013 |
D. | Letter from Barry Alan Johnsrud to State of Washington, Labor and Industries with Exhibits “A” to “E”
| February 11, 2014 |
E. | Legal memorandum composed by Katy Dixon, Assistant Attorney General of Washington
| October 22, 2014
|
F. | Supplementary legal memorandum by Katy Dixon, Assistant Attorney General of Washington | Undated |
G. | Letter from the State of Washington, Department of Labor and Industries to Mr. Johnsrud | December 30, 2014
|
H. | Letter from Barry Alan Johnsrud to State of Washington, Department of Labor and Industries re: Spokane Cheifs
| February 9, 2015 |
I. | Letter from Barry Alan Johnsrud to State of Washington, Department of Labor and Industries re: Seattle Thunderbirds | February 9, 2015 |
J. | Letter from Barry Alan Johnsrud to State of Washington, Department of Labor and Industries Re: Tri-City Americans | February 10, 2015 |
K. | Letter from Barry Alan Johnsrud to State of Washington, Department of Labor and Industries Re: Everett Silvertips | February 13, 2015 |
L. | Article from Broadcaster Magazine entitled, “Sportsnet Announces Multiplatform Rights Extension with Canadian Hockey League” | February 18, 2014 |
M. | Press release from CHL entitled, “CHL and Sportsnet Announce 12-Year Multiplatform Rights Extension” | February 18, 2014
|
N. | Article from the StarPhoenix entitled, “WHL looking at tweak to player benefits” | February 27, 2014 |
O. | Redacted WHL Standard Player Agreement | 2013 |
P. | Redacted WHL Standard Player Agreement | 2014 |
Q. | Selected pages from Prospects Hockey magazine | Spring 2015 |
R. | Printout from CHL.ca showing the covers of past Editions of the magazine in English and French | Undated |
S. | Print-out of website entitled, “This is the CHL” | Undated |
T. | CD containing Episodes 1-8 of “This is the CHL” | Various dates |
U. | CD containing various videos posted on CHL.ca and YouTube.com | Undated |
V. | Press release posted on CHL.ca entitled, “2015 Canadian Hockey League Import Draft Results
| June 30, 2015 |
W. | Press release posted on CHL.ca entitled “405 CHL Grads Named to NHL Opening Day Rosters” | October 7, 2015 |
X. | CHL Broadcast Schedule retrieved from CHL.ca | November 13, 2015 |
Y. | Press release entitled, “OHL Announces 2015-16 Rule Changes” | September 4, 2015 |
Z. | Press release entitled “WHL Announces 2015-16 Rule Changes” | September 14, 2015 |
AA. | Article entitled, “Mario Cluina commits to Spitfires” | September 3, 2015 |
BB. | Article entitled, “Ryan McGregor commits to Sting” | September 3, 2015 |
CC. | Article entitled, “Colton Incze commits to IceDogs” | September 5, 2015 |
DD. | Article entitled, “Joshua Dame commits to IceDogs” | September 8, 2015 |
EE. | Article entitled, “Greg Meireles commits to Rangers”
| September 9, 2015 |
FF. | Article entitled, “Daniel Beaudoin commits to Spitfires” | September 9, 2015 |
GG. | Article entitled, “Sting name Daniel Nikandrov captain” | September 24, 2015 |
HH. | Article entitled, “Leafs prospect Jeremy Bracco commits to Rangers” | October 28, 2015 |
II. | Article entitled, “Aidan McFarland commits to Steelheads” | October 29, 2015 |
JJ. | Article entitled, "OHL Live Early Bird Pricing Now Available" | September 22, 2015 |
KK. | OHL education policy webpage from CHL website | November 13, 2015 |
LL. | WHL education policy webpage from CHL website | November 13, 2015 |
MM. | QMJHL education policy from CHL website | November 13, 2015 |
2. | Affidavit of Samuel Berg (with exhibits) | June 14, 2016 |
A. | Niagara IceDogs attendance statistics from HockeyAttendance.com and HockeyDB.com | 2007-16 |
B. | Niagara IceDogs Corporate Partnership Available Inventory | 2013-14 |
C. | Contract between Niagara IceDogs and City of St. Catharines, Schedule “B” Allocation of Revenue Between Parties | Undated |
D. | Article, “Steelheads comeback spoils IceDogs home opener”, Niagara This Week | September 26, 2013 |
E. | Posting from Niagara IceDogs Instagram page | November 30, 2015 |
F. | Niagara IceDogs Billet Calendar, September 2013 | Undated |
G. | OHL Announcement Regarding the Windsor Spitfires | Undated |
H. | “Hockey Operations” and “Business Staff” pages from Niagara IceDogs website | Undated |
I. | Letter from OHL Commissioner David Branch, WHL Commissioner Ron Robison, QMJHL Commissioner Gilles Courteau | June 2016 |
3. | Plaintiff’s Litigation Plan | June 15, 2016 |
4. | Affidavit of Lukas Walter (with
exhibits) | June 14, 2016 |
A. | Tri-City Americans attendance statistics from HockeyAttendance.com and HockeyDB.com | 2011-14 |
B. | “Home” page from Tri-City Americans website | Undated |
C. | QMJHL Standard Contract between Lukas Walter and the Saint John Sea Dogs | September 10, 2013 |
D. | Lukas Walter Record of Employment with Saint John Major Junior Hockey Club Ltd. | March 17, 2014 |
E. | Lukas Walter T4 Statements of Remuneration Paid from Saint John Major Junior Hockey Club Ltd. | 2013, 2014 |
F. | Letter from OHL Commissioner David Branch, WHL Commissioner Ron Robison, QMJHL Commissioner Gilles Courteau | June 2016 |
5. | Affidavit of Jeremy Gottzmann (with exhibits) | June 8, 2016 |
A. | Jeremy Gottzmann career hockey statistics from OHL website | 2009-12 |
B. | Various pages from JuniorHockeyTruth.com | Undated |
C. | OHL Standard Player Agreement between Jeremy Gottzmann and the Erie Otters | June 22, 2009 |
D. | Letter from Owner and General Manager of the Erie Otters, Sherwood Bassin | June 22, 2009 |
E. | Peterborough Petes Training Camp Tentative Itinerary | August 31, 2011 |
F. | Video, “Harry Young vs Jeremy Gottzmann”, HockeyFights.com | March 25, 2010 |
G. | Letter from OHL Commissioner David Branch, WHL Commissioner Ron Robison, QMJHL Commissioner Gilles Courteau | June 2016 |
6. | Affidavit of John Paul Chartrand (with exhibits) | June 9, 2016 |
A. | John Chartrand career hockey statistics from OHL website | 2009-12 |
B. | John Chartrand career hockey statistics from QMJHL website | 2009-12 |
C. | Toronto Jr. Canadiens Minor Bantam Budget | 2006-07 |
D. | Letter from General Manager of the Niagara IceDogs David Brown | May 4, 2009 |
E. | Niagara IceDogs Spring Training Camp Education Seminar for Parents and Athletes | Undated |
F. | Various pages from JuniorHockeyTruth.com | Undated |
G. | Email from David Brown | June 8, 2009 |
H. | John Chartrand Niagara IceDogs Pre-Season Medical Evaluation | July 30, 2009 |
I. | Niagara IceDogs Training Camp Rosters | 2009 |
J. | Niagara IceDogs Training Camp Itinerary | August 25-29, 2009 |
K. | OHL Standard Player Agreement between John Chartrand and the Niagara IceDogs | August 30, 2009 |
L. | Game highlights video from BellevilleBulls.com | Undated |
M. | Video from IceDogsFans.com, “Andrews vs. O’Neil OHL hockey fight” | October 2, 2010 |
N. | Letter from OHL Commissioner David Branch, WHL Commissioner Ron Robison, QMJHL Commissioner Gilles Courteau | June 2016 |
7. | “Canadian Hockey League Player Study” by Chester Hanvey (with exhibits) | June 15, 2016 |
A. | Exhibit “1” – Curriculum Vitae | July 24, 2015 |
B. | Exhibit “2” – List of Documents Reviewed | Various Dates |
C. | Exhibit “3” – CHL Player Experience Interview Questionnaire | Undated |
D. | Exhibit “4” – CHL Player Job Analysis, Script 1: For Charney Lawyers to Schedule Player Interview | May 24, 2016 |
E. | Exhibit “5” – CHL Player Job Analysis Script 2: Emil from Charney Lawyers to Player with Information about Interview | May 24, 2016 |
F. | Exhibit “6” – CHL Player Experience Interview Responses | Various Dates |
8. | “Report on the Economics of the Canadian Hockey League and its Team Members” by Dr. Kevin P. Mongeon | June 14, 2016 |
A. | Curriculum Vitae | June 2016 |
9. | Report of Ryan A. Hancock | June 15, 2016 |
A. | U.S. Department of Labour Wage and Hour Division, Fact Sheet #71: “Internship Programs Under the Fair Labor Standards Act” | April 2010 |
B. | U.S. Department of Labour Wage and Hour Division, Fact Sheet #18: “Section 13 (a)(3) Exemption for Seasonal Amusement or Recreational Establishments Under the Fair Labor Standards Act (FLSA)” | July 2008 |
C. | Second Amended Complaint, Senne, et al v. Office of Commissioner of Baseball, et al. 3:14-cv-00608-JCS (2014) | February 2, 2014 |
D. | Docket Report, Senne, et al v. Office of Commissioner of Baseball, et al. 3:14-cv-00608-JCS (2014) | February 7, 2014 – May 23, 2016 |
E. | Case Management and Pretrial Order, Senne, et al v. Office of Commissioner of Baseball, et al. 3:14-cv-00608-JCS (2014) | May 23, 2016 |
F. | Washington Senate Bill 6220 (1998) | November 6, 1998 |
G. | U.S. Department of Labour Wage and Hour Division, Fact Sheet #35: “Joint Employment Under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA)” | January 2016 |
10. | Affidavit of Brendan O’Grady | June 15, 2016 |
A. | OHL Constitution | Undated |
B. | WHL Bylaws and Constitution | February 4, 2013 |
C. | Hockey Canada Articles and By-Laws | 2009-10 |
D. | Hockey Canada Articles and By-Laws | 2014-15 |
E. | The Hockey Canada Canadian Development Model Parent Information Handbook | |
F. | Report of the Committee on International Hockey, Federal Minister of State, Fitness and Amateur Sport | 1978 |
G. | Article, “Juniors will turn pro if Ottawa has its say” by Donald Ramsay, published by the Globe and Mail | October 28, 1978 |
H. | Excerpts of the Canadian Hockey Review: Interim Report on Minor Amateur Hockey in Canada, Federal Minister of State for Fitness and Amateur Sport | March 1,1979 |
I. | Excerpts from Law of Hockey by John Barnes (Lexis Nexis, 2010) | 2010 |
J. | Excerpts from the Sixth Report of the Parliamentary Standing Committee on Canadian Heritage, Sub-Committee On The Study Of Sport in Canada | December 1998 |
K. | Excerpts from the transcript of a hearing before the Sub-Committee On The Study Of Sport in Canada | November 5, 1998 |
L. | Excerpts from the transcript of debates at the Parliamentary Standing Committee on Finance on Bill 285, An Act to amend the Income Tax Act (exclusion of income received by an athlete from a non-profit club, society or association). | November 22, 2005 |
M. | Court file for McCrimmon Holdings Ltd and 32155 Manitoba Ltd v Minister of National Revenue, Court File Number 2000-1538. | 2000 |
N. | Article, “Junior teams to get primer in tax law” by Allan Maki, published by the Globe and Mail | March 1, 2003 |
O. | Redacted T4 Forms for the 2010, 2011, 2012 Tax Years | 2010-14 |
P. | Excerpts from the Canada Revenue Agency Employers’ Guide: Payroll Deductions and Remittances | 2014 |
Q. | Canada Revenue Agency guideline entitled, “Athletes and Players Employed by Football, Hockey and Similar Clubs” | September 4, 2002 |
R. | Article, “Learning About the Western Hockey League and Major Junior Hockey” by Travis Hair, published by SB Nation | February 23, 2010 |
S. | Article, “Franchise values a good indicator of a rosy future” by David Naylor, published by the Globe and Mail | May 20, 2005 |
T. | Article, “Junior-A Leaders Feeling the Freeze” by Ken Campbell, published by the Hockey News | February 26, 2008 |
U. | “Fun Facts” printout from the CHL.ca | March 2008 |
V. | Letter to David Branch in his capacity as President of the CHL, from William Daly, Deputy Commissioner of the NHL | September 10, 2012 |
W. | Article, “WHL hammers Portland Winterhawks for league violations” by David Ebner, published by the Globe and Mail | November 28, 2012 |
X. | Press release from the OHL entitled, “OHL Announces Fines / Sanctions” | August 10, 2012 |
Y. | Article, “Ousted Oshawa Generals president awarded $450,000” by Jeff Mitchell, published by Metroland Media | August 21, 2013 |
Z. | Article, “Local auto dealer Mike Priestner now big wheel in WHL with Saskatoon Blades purchase” by Jim Matheson, published by the Edmonton Journal | September 5, 2013 |
AA. | White paper report entitled, “The Commercial Potential of Junior Hockey in Canada” by Mitch Thompson of Trojan One Consulting Group | November 2013 |
BB. | Print-out from HockeyAttendance.com re OHL | June 15, 2016 |
CC. | Print-out from HockeyAttendance.com re WHL | June 15, 2016 |
DD. | Letter from Steve Bienkowski, COO and Governor of the Kitchener Rangers | July 28, 2014 |
EE. | Article, “Business comes first for OHL” by Morris Dalla Costa, published by the London Free Press | October 29, 2014 |
FF. | Article, “Major Junior Leagues Under Fire from Disgruntled Ex-Players” by Rick Westhead published by TSN | November 1, 2014 |
GG. | Article, “Financial success continues for Swift Current Broncos during 2014/15” by Matthew Liebenberg, published by the Prairie Post | October 9, 2015 |
HH. | Article, “Graham Lee: WHL saviour, concert king, entrepreneur” by Mike Devlin, published by the Times Colonist | October 24, 2014 |
II. | Article, “Quebec Remparts sold for between $20 million and $25 million: Source” by Ken Campbell, published by the Hockey News | November 27, 2014 |
JJ. | Article, “CHL lawsuit symbolizes larger struggle in elite amateur sport” by Adam Proteau, published by the Hockey News | October 20, 2014 |
KK. | Article, “Ex-owner of junior hockey team to get $1.4M from sale”, published by the Associated Press | August 12, 2015 |
LL. | Article, “CHL has no intentions of changing underage rules, AHL exemptions” published by the Canadian Press | May 26, 2016 |
MM. | Article entitled “Mitch Marner’s dominant season opens up debates on NHL-CHL agreement” by Kelly Friesen and published by Yahoo! Buzzing the Net | June 2, 2016 |
NN. | Printout of the webpage for the OHL’s online streaming service to view games | June 15, 2016 |
OO. | Printout of the webpage for the WHL’s online streaming service to view games | June 15, 2016 |
PP. | Article, “Tri-City Americans to Stay in Kennewick for another 5 years”, by Annie Fowler, published by the Tri-City Herald | October 15, 2015 |
QQ. | Article, “Great Lake Loons, Saginaw Spirit pump $38 million into region’s economy”, by Cheryl Wade, published by the Midland Daily News | January 28, 2015 |
RR. | Article, “Mark Sutcliffe: Jeff Hunt adjusting to life as part of OSEG” by Mark Sutcliffe, published by the Ottawa Citizen | September 28, 2013 |
SS. | Printout from the Katz Group of Companies website | June 15, 2016 |
TT. | Printout from the Calgary Hitmen’s website | June 15, 2016 |
UU. | Chart compiled by Andra Dragoste | February 2016 |
VV. | Hockey Canada 2014-15 Annual Report | 2014-15 |
WW. | Article, “Windsor businessman and land developer Rucco Tullio fulfilled a dream Thursday”, published by the Windsor Star | September 7, 2007 |
XX. | Article, “WHL tries to explain Bruins move”, published by The Chilliwack Progress | April 20, 2011 |
YY. | Article, “Raiders proposed to bolster finances with private money” by Drew Wilson, published by Prince Albert Now | May 24, 2011 |
ZZ. | Article, “OHL: Brampton Battalion moving to North Bay” by Daniel Girard, published by The Toronto Star | December 26, 2012 |
AAA. | Article, “Ownership suffering mounting losses on the ice and in the pocketbook”, published by the Toronto Sun | January 31, 2014 |
BBB. | Article, “Sarnia Sting sold to Darian Hatcher and David Legwand”, published by the Sarnia Observer | January 22, 2015 |
CCC. | Article, “Three franchises on move in busy day for OHL, AHL” by Mike Zeisberger, published by the Toronto Sun | March 12, 2015 |
DDD. | Article, “Junior stars must either suffer goons or quit” by William Houston, published by the Globe and Mail | April 11, 1998 |
EEE. | Article, “How much money do junior hockey teams make?” by Ryan Kennedy, published by the Hockey News | July 30, 2014 |
FFF. | Article, “Westhead: Ex-OHL owner says clubs make millions on ‘back of kids,’ then ‘wash their hands of them’” by Rick Westhead, published by TSN | November 17, 2014 |
GGG. | Article, “The Whl’s Winter Wonderland” by Patrick King, published by WHL.ca | February 20, 2011 |
HHH. | Article, “Sting Trade Chiarlitti” by Paul Owen, published by the Sarnia Observer | August 29, 2012 |
III. | Article, “Giants, Hitmen complete massive five-player trade” published by Vancouver Metro | October 27, 2015 |
JJJ. | Article, “Steelheads look to steal the show” by David Shoalts, published by the Globe and Mail | March 31, 2016 |
KKK. | Article, “Junior Hockey growing like nobody’s business” by Ryan Pyette and published by the Toronto Sun | October 19, 2012 |
LLL. | Article, “Call them hockey players or amateurs, but don’t call them employees” by Ken Campbell and published by the Hockey News | May 19, 2015 |
MMM. | Article, “Black & Blue” by Patrick O’Sullivan and published by The Player’s Tribune | December 9, 2015 |
NNN. | Article, “Hockey’s Puppy Mill: A former junior player takes the chl to court” by Nicholas Hune-Brown and published by The Walrus Magazine | November 20, 2015 |
OOO. | Three articles entitled “Inside the Ottawa 67’s”, Parts 1 to 3, by Shannon Proudfoot and published by Sportsnet | March 8, 2016, March 10, 2016, March 15, 2016 |
PPP. | Article, “Junior program springboard to NHL” by Matt Higgins, published by the National Post | April 25, 2016 |
QQQ. | Article, “The Time is Right for a Major Junior Hockey Players’ Association” by Jamie McKinven published on GlassAndOut.com | July 15, 2014 |
RRR. | The NHL Standard Player Agreement, Exhibit 1 to the Collective Bargaining Agreement between the National Hockey League and the National Hockey League Players’ Association | September 16, 2012 – September 15, 2022 |
SSS. | Article, “Derek Boogaard: A Boy Learns to Brawl” by John Branch, published by the New York Times | December 3, 2011 |
TTT. | Article, “Sutch: What we can all learn from Trafford tragedy” by Gregg Sutch and published by Yahoo! Buzzing the Net | March 17, 2014 |
UUU. | Article entitled “Ex-NHL prospect Gregg Sutch explains how he fell out of love with hockey” by John Matisz and published by Postmedia | February 19, 2016 |
VVV. | Article, “Tyler Boston and the Difficulties of Balancing Junior Hockey and Education” by Joshua Kloke, published by Vice Magazine | January 15, 2016 |
WWW. | Press release from the WHL entitled, “35 WHL Players Selected in 2015 NHL Draft” | June 2015 |
XXX. | Press release from the OHL entitled, “31 OHL Players Selected in 2015 NHL Draft” | June 2015 |
YYY. | Printout from NHL.com with Draft Statistic | 2000 and 2014 |
ZZZ. | Press release from the CHL entitled, “Statement from CHL President David Branch” | August 22, 2012 |
AAAA. | Article, “CHLPA or not, junior hockey needs to stop screwing its players, ban midseason trades” by Rob Granatstein, published by Postmedia | August 22, 2012 |
BBBB. | Blog post from Jerry Dias entitled, “Time to pay ‘amateur’ jr hockey players”, published | January 26, 2015 |
CCCC. | Article, “Peterborough Petes’ Bob Neville new chairman, president of OHL board of governors” by Mike Davies, published by Sun Media | August 13, 2013 |
DDDD. | Article, “OHL ups the ante, makes significant changes to player benefit packages” by Sunaya Sapurji, published by Yahoo! Buzzing the Net | February 20, 2014 |
EEEE. | Article, “Major junior hockey union new mission for player turned activist” by Robert Cribb and Rick Westhead, published by the Toronto Star | July 8, 2014 |
FFFF. | Article, “Jason Gregor: WHL needs to change draft age” by Jason Gregor and published by the Edmonton Journal | February 10, 2016 |
GGGG. | Article, “NCAA vs. CHL: Summer of Decommitments Rages On” by Chris Peters and published by The United States of Hockey | August 19, 2013 |
HHHH. | Memorandum by Andra Dragoste on the number of Canadian players on WHL and OHL teams during the 2015/16 season | February 2016 |
IIII. | Letter from Andrew Eckart, then a lawyer with Charney Lawyers, to Patricia Jackson, partner at Torys LLP (“Torys”), counsel for the defence | May 6, 2015 |
JJJJ. | Letter from Crawford Smith to Ted Charney | May 27, 2015 |
KKKK. | Email correspondence between Crawford Smith and Ted Charney | May 29, 2015 – June 1, 2015 |
LLLL. | Email correspondence between Crawford Smith and Ted Charney | February 4, 2016 |
MMMM. | Memorandum composed by Ted Charney | February 9, 2016 |
NNNN. | Email correspondence between Emmanuel Laurin Legare and Sylvie Rodrigue | September 4, 2015 |
OOOO. | Letter between Ted Charney and Patricia Jackson | September 16, 2015 – September 18, 2015 |
PPPP. | AIG Insurance Company of Canada Not-for-Profit Individual and Organizational Insurance Policy Including Employment Practices Liability Insurance # 04 540 69 73 | September 1, 2014 – September 1, 2017 |
QQQQ. | AIG Insurance Company of Canada, Director, Officers and Private Company Liability Insurance Policy Including Employment Practices and Securities Liability # 04 540 69 74 | September 1, 2014 – September 1, 2015 |
RRRR. | Chubb Insurance Excess Policy # 6803-0917 | September 1, 2014 – September 1, 2017 |
SSSS. | The Guarantee Company of North America Follow Form, Directors and Officers Liability Insurance Policy #120534-10 | September 1, 2014 to September 1, 2015 |
TTTT. | Encon PrivatePlus Private Entity, Management Liability Insurance Policy # PV-396351 | December 11, 2013 – December 11, 2015 |
UUUU. | Encon PrivatePlus Private Entity, Management Liability Insurance Policy # PV-436076 | May 22, 2014 – May 22, 2015 |
VVVV. | Letter from Ted Charney to Patricia Jackson | September 18, 2015 |
WWWW. | Letter from Crawford Smith to Ted Charney | June 2, 2016 |
11. | Affidavit of Victoria Grygar (with exhibits) | June 11, 2016 |
A. | Article, “Former OHLer Milan Doczy denied educational scholarship funding”, Toronto Star | December 26, 2012 |
B. | M.A. Thesis, “A Struggle Against the Odds: Understanding the Lived Experiences of Canadian Hockey League (CHL) Players”, by Victoria Grygar | August 2013 |
C. | Abstract, “Reclaiming the rights of youth: A preliminary analysis of the lived experiences of Canadian Hockey League (CHL) players”, by Victoria Grygar | Undated |
D. | Transcripts, Victoria Grygar interviews with 11 CHL players | January 29, 2013 – March 15, 2013 |
E. | letter from Victoria Grygar, “What the $%&! is going on with major junior hockey?: An open letter to David Branch” | March 18, 2013 |
F. | Niagara IceDogs Corporate Partnership Available Inventory | 2013-14 |
G. | Contract between Niagara IceDogs and City of St. Catharines, Schedule “B” Allocation of Revenue Between Parties | Undated |
H. | Unsigned agreement between player and QMJHL Club (redacted) | Undated |
I. | Signed agreement between player and QMJHL Club (redacted) | 2008 |