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40426

Kobe Mohr v. National Hockey League, et al.

(Federal) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2023-08-02 Close file on Leave
2023-08-02 Correspondence (sent by the Court) to, the parties, RE: Certificate of Taxation
2023-08-01 Certificate of taxation issued to, Éric Lefebvre
2023-08-01 Decision on the bill of costs, in the amount of $891.20, Reg
2023-08-01 Submission of the bill of costs, Reg
2023-05-15 Bill of costs, Missing: Filing Fee (rec' 07/31/23), Completed on: 2023-08-01 National Hockey League
2023-04-20 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2023-04-20 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-182-21, 2022 FCA 145, dated August 17, 2022, is dismissed with costs to the respondents, National Hockey League, Canadian Hockey League, Quebec Major Junior Hockey League Inc., Ontario Hockey League, Western Hockey League and Hockey Canada.
Dismissed, with costs
2023-03-20 All materials on application for leave submitted to the Judges, for consideration by the Court
2022-12-15 Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-01-03, (Printed version filed on 2022-12-19) Kobe Mohr
2022-12-07 Certificate (on limitations to public access), 23A American Hockey League Inc.
2022-12-07 Notice of name American Hockey League Inc.
2022-12-07 Correspondence received from, AHL supports the Response filed by the Respondents NHL, CHL, QMJHL, OHL, WHL and Hockey Canada American Hockey League Inc.
2022-12-06 Certificate (on limitations to public access), 23A ECHL Inc.
2022-12-06 Notice of name ECHL Inc.
2022-12-06 Correspondence received from, ECHL Inc. supports the response filed by the Respondents, NHL, CHL, QMJHL, OHL, WHL and Hockey Canada ECHL Inc.
2022-12-02 Certificate (on limitations to public access), 23A Canadian Hockey League
2022-12-02 Notice of name Canadian Hockey League
2022-12-02 Certificate (on limitations to public access), 23A Hockey Canada
2022-12-02 Notice of name Hockey Canada
2022-12-02 Certificate (on limitations to public access), 23A National Hockey League
2022-12-02 Notice of name National Hockey League
2022-12-02 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-12-12, (Printed version due on 2022-12-09) National Hockey League
2022-11-03 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-11-03
2022-10-17 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-10-18) Kobe Mohr
2022-10-17 Application for leave to appeal, (Book Form), Completed on: 2022-10-18, (Printed version filed on 2022-10-18) Kobe Mohr

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Mohr, Kobe Applicant Active

v.

Main parties - Respondents
Name Role Status
National Hockey League Respondent Active
American Hockey League Inc. Respondent Active
ECHL Inc. Respondent Active
Canadian Hockey League Respondent Active
Quebec Major Junior Hockey League Inc. Respondent Active
Ontario Hockey League Respondent Active
Western Hockey League Respondent Active
Hockey Canada Respondent Active

Counsel

Party: Mohr, Kobe

Counsel
Names
Jonathan Laxer
Darby O'Hara
Contact information
Juristes Power
99, rue Bank
Bureau 701
Ottawa, Ontario
K1P 6B9
Telephone: (613) 907-5652
Email: jlaxer@juristespower.ca
Agent
Name
Darius Bossé
Contact information
Juristes Power
50, O'Connor Street
Suite 1313
Ottawa, Ontario
K1P 6B9
Telephone: (613) 702-5566
FAX: (613) 702-5566
Email: DBosse@juristespower.ca

Party: National Hockey League

Counsel
Names
Stephen J. Shamie
John C. Field
Sean M. Sells
Gabrielle Lemoine
Linda Plumpton
Contact information
Hicks Morley LLP
77 King Street West, 39th Floor
Box 371, TD Centre
Toronto, Ontario
M5K 1K8
Telephone: (416) 362-1011
FAX: (416) 362-9680
Email: stephen-shamie@hicksmorley.com

Party: American Hockey League Inc.

Counsel
Names
Jean-Michel Boudreau
Samuel Lavoie
Contact information
IMK LLP
Place Alexis Nihon, Tower 2, Suite 1400
3500 de Maisonneuve Blvd. West
Westmount, Quebec
H3Z 3C1
Telephone: (514) 934-7738
FAX: (514) 935-2999
Email: jmboudreau@imk.ca

Party: ECHL Inc.

Counsel
Names
Karine Chênevert
Alexander L. De Zordo
Jean Saint-Onge
Denes Rothschild
Contact information
Borden Ladner Gervais LLP
1000 de la Gauchetière Street West
Suite 900
Montréal, Quebec
H3B 5H4
Telephone: (514) 954-3180
FAX: (514) 954-1905
Email: kchenevert@blg.com
Agent
Name
Nadia Effendi
Contact information
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Canadian Hockey League

Counsel
Names
Éric Lefebvre
Francesca Taddeo
Erika Woolgar
Contact information
Norton Rose Fulbright Canada LLP
Suite 2500
1 Place Ville Marie
Montréal, Quebec
H3B 1R1
Telephone: (514) 847-4891
Email: eric.lefebvre@nortonrosefulbright.com

Party: Quebec Major Junior Hockey League Inc.

Counsel
Names
Éric Lefebvre
Francesca Taddeo
Erika Woolgar
Contact information
Norton Rose Fulbright Canada LLP
Suite 2500
1 Place Ville Marie
Montréal, Quebec
H3B 1R1
Telephone: (514) 847-4891
Email: eric.lefebvre@nortonrosefulbright.com

Party: Ontario Hockey League

Counsel
Names
Éric Lefebvre
Francesca Taddeo
Erika Woolgar
Contact information
Norton Rose Fulbright Canada LLP
Suite 2500
1 Place Ville Marie
Montréal, Quebec
H3B 1R1
Telephone: (514) 847-4891
Email: eric.lefebvre@nortonrosefulbright.com

Party: Western Hockey League

Counsel
Names
Éric Lefebvre
Francesca Taddeo
Erika Woolgar
Contact information
Norton Rose Fulbright Canada LLP
Suite 2500
1 Place Ville Marie
Montréal, Quebec
H3B 1R1
Telephone: (514) 847-4891
Email: eric.lefebvre@nortonrosefulbright.com

Party: Hockey Canada

Counsel
Names
Casey Halladey
Akiva Stern
Contact information
McCarthy Tétrault LLP
66 Wellington Street West
TD Bank Tower, Box 48 Suite 5300
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-4348
Email: challaday@mccarthy.ca

Summary

Keywords

Competition — Class actions — Offences in relation to competition — Conspiracy — Conspiracy relating to sport — Civil Procedure — Motions to strike — Whether protections for athletes in s. 48 of the Competition Act apply exclusively to anti-competitive conspiracies affecting a single league — Admissibility of legislative intent on a motion to strike — Whether, on motion to strike, a motion judge may make a finding on contested questions of statutory interpretation —Competition Act, R.S.C. 1985, c. C-34

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Respondent Hockey Canada is the national governing body for ice hockey in Canada.

Respondents National Hockey League (NHL), American Hockey League (AHL), and ECHL Inc. (ECHL) are professional hockey leagues in North America.

Respondent Canadian Hockey League (CHL) is an entity that organizes Canada’s three major junior hockey leagues: namely, the respondents Quebec Major Junior Hockey League (QMJHL), Ontario Hockey League (OHL), and Western Hockey League (WHL).

Applicant Kobe Mohr played hockey in the respondent WHL. He commenced a class proceeding against the respondents in the Federal Court. The statement of claim alleged that the respondents conspired to limit the opportunities of hockey players to play in Canadian major junior and professional hockey leagues, contrary to s. 48(1) of the Competition Act.

Respondents CHL, QMJHL, OHL, WHL, and Hockey Canada moved to strike Mr. Mohr’s statement of claim on the basis that it disclosed no reasonable cause of action or was otherwise an abuse of process. Mr. Mohr brought a motion to amend the statement of claim.

The Federal Court dismissed the motion to amend and granted the motion to strike. The Federal Court of Appeal dismissed Mr. Mohr’s appeal.

Lower court rulings

May 27, 2021
Federal Court

2021 FC 488, T-1080-20

Motion to amend the statement of claim dismissed; motion to strike the statement of claim granted

August 17, 2022
Federal Court of Appeal

2022 FCA 145, A-182-21

Appeal dismissed

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2025-02-27