Quebec Supreme Court allows QMJHL to bring hazing class action

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The Quebec Superior Court has authorized criminal proceedings against the Quebec Maritime Minor Hockey League and its teams.

Justice Jacques J. Bouchard gave the green light to the class action in a decision released Wednesday after hearing arguments in Quebec City last month.

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Now the case can be tried on its merits, which may be years away.

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The more than $15 million lawsuit was filed last April by former Quebec minor hockey star Carl Latulippe, who went public with allegations of abuse while playing for two teams in the mid-1990s.

It targets the league, its member franchises and its umbrella organization, the Canadian Hockey League, and seeks $650,000 in damages from the plaintiff, including pain, suffering and humiliation, as well as lost productivity and therapy costs.

Another $15 million will be shared by other alleged victims.

Latulippe played for three teams in the major leagues in Quebec between 1994 and 1996 and is represented by the Montreal law firm Kugler Kandestin.

David Stolow, one of his attorneys, said in an interview that Latulippe was thrilled when he was informed of Wednesday's decision.

“It was very important and I think very emotional for him and for me, it was good news,” Stolow said.

Included in the class action are “all hockey players who were abused as minors and played in the Quebec Major Junior Hockey League” since July 1, 1969.

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In his judgment, Bouchard emphasized that the process of permitting a class action is not an examination of its merits, but rather a screening of simplified applications.

“The Court acknowledges that the motion to dismiss is broad and ambitious,” Bouchard wrote, adding that the size of the class may be significant.

“But it is only by examining the merits of all the allegations that such shared responsibility can be established or denied against all or only certain teams.”

Latulippe, now 46, first opened up about the abuse in an interview with Montreal La Presse last year.

Latulippe, a first-round pick of the Chicoutimi Saguenays in the 1994 QMJHL draft, claimed during training camp that veteran players forced him to strip and masturbate in front of his teammates on the team bus in full knowledge of the coaches. He also claims that veterans on the team attacked new players with soap wrapped in towels.

Latulippe left the team briefly after the bus incident and later returned at the coach's behest, but when he discussed the abuse, the coach told him the “hazing” would only last for one year and help build character.

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He played six regular-season games with the Sagueens before joining the Drummondville Voltigeurs, where he says he faced even more violence. He said the Voltigeurs were shampooed to make it harder for rookie players to catch veterans in the shower and attack them.

The documents also describe Latulippe being forced to drink at a team initiation event in Drummondville.

After the Voltigeurs, the plaintiff played for the Beauport Harfangs – who have since become the Quebec City Remparts. According to him, there were no incidents of hazing while he was on the team.

Latulippe's lawsuit alleges that the defendants “witnessed, encouraged, condoned, tolerated, concealed, or ignored the abuse when they had a duty to protect and care for the welfare of class members.”

The league opposed naming all teams as defendants, but Bouchard said it was too early to rule out any clubs.

“Allegations of omission or negligence against all defendants may, if supported by probative evidence, lead to the inferences sought,” Bouchard wrote. “Therefore, it would be premature to address these delicate questions now, and especially given the undemanding threshold (for permitting).

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The league's lawyers argued that the class action was not the right way to proceed, and also filed a case in Ontario, where a Superior Court judge refused to allow a class action in that province in February 2023 involving players from Canada's three major junior hockey teams. leagues, including the QMJHL — dating back to 1975.

An Ontario judge hearing the petition accepted evidence that the players were subjected to “horrific, despicable and undeniably criminal conduct” by teammates and staff during initiations and mediation proceedings, but the plaintiffs failed to present an effective plan for the lawsuit.

The players have appealed and the Ontario Court of Appeal will hear the case on June 11.

Stowlow said the Quebec filing would exclude anyone from participating in any individual lawsuits in Ontario, and class members in Quebec will have a certain period of time to withdraw from the Quebec case.

Bouchard also ruled that other victims may use pseudonyms during the case.

According to Stolow, others revealed the names and numbers. He said that it is typical for people to come forward at different stages.

“It's very important for us to communicate that if someone wants to reach out and pick up the phone and call me, there's a guarantee of privacy,” Stolow said.

The league and other defendants may request leave to appeal the decision within 30 days of notification of the decision.

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