Allegations laid out in a sexual-assault lawsuit against Hockey Canada and eight unnamed players cannot be used as proof of any wrongdoing in the ongoing criminal trial of five hockey players, jurors in the case heard Thursday.
A woman whose identity cannot be disclosed launched a lawsuit in the spring of 2022 alleging she was sexually assaulted in June 2018 by eight members of Canada’s 2018 world junior hockey team in London, Ont. Hockey Canada quickly settled the suit for an undisclosed amount before TSN first broke the story.
News of the settlement drew national attention, and in the months that followed, Hockey Canada and London police reopened their investigations into the allegations. The revived police probe led to charges against five former members of the world junior team in early 2024.
Michael McLeod, Carter Hart, Alex Formenton, Dillon Dube and Callan Foote have pleaded not guilty to sexual assault. McLeod has also pleaded not guilty to an additional charge of being a party to the offence of sexual assault.
Ontario Superior Court Justice Maria Carroccia told jurors Thursday that while the defendants in the lawsuit were identified only as “John Doe,” a statement submitted to Hockey Canada months later as part of its renewed investigation into the matter identified them by name.
That list included some of the accused at trial, the judge said.
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“There are allegations made in the statement of claim as to the actions of the John Doe defendants on June 18th and 19th, 2018. You cannot use the allegations contained in the paragraphs in the statement of claim read in at this trial as proof of any wrongdoing by the accused in this trial,” she said.
“The contents of those paragraphs in the statement of claim cannot be used as evidence that they committed those acts that are referred to in a statement.”
Hockey Canada settled the suit without the knowledge or consent of the defendants, and the organization denied any liability in the case, the judge added.
The lawsuit briefly took centre stage in the trial on Wednesday as one of the defence lawyers challenged the complainant on her earlier comments that she was careful in identifying the people she believed were involved in the alleged sexual assaults.
Under cross-examination, the woman agreed that one of the players who was sued was not involved in the alleged incident. That player was not criminally charged.
Her lawyers drafted the statement of claim and she didn’t fully understand everything that entailed, the woman said.
“I knew he didn’t do anything,” she said, adding she recognized him as someone who was at the bar where she met the group of players that night.
“I know I didn’t say to anybody that that was someone who assaulted me at all,” she said. “… Even in my statement, I believe I can just identify him as someone at the bar.”
The statement sent to Hockey Canada was prepared by her lawyers but the woman reviewed and signed it, she has testified. She acknowledged this week that it contained several errors.
