An affidavit filed in an Ontario court case suggests Hockey Canada has maintained a fund to pay for uninsured liabilities, including sexual abuse claims.
The detail is included in a July 2021 affidavit sworn by Glen McCurdie, who was then Hockey Canada’s vice-president of insurance and risk management, as part of a lawsuit launched by an injured player in Ontario.
“Hockey Canada maintains a reserve in a segregated account to pay for any such uninsured liabilities as they arise,” McCurdie’s affidavit said. It goes on to say that “uninsured liabilities include potential claims for historical sexual abuse.”
Hockey Canada did not immediately respond to an email from The Canadian Press requesting comment on McCurdie’s affidavit.
The sport’s national body has been under intense scrutiny since news of an alleged sexual assault at a 2018 gala in London, Ont., involving eight unidentified players — including members of that year’s world junior team — and subsequent settlement broke in May. None of the allegations have been proven in court.
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Scott Smith, the organization’s president and COO, and outgoing CEO Tom Renney were grilled by parliamentarians during a Standing Committee on Canadian Heritage meeting last month on both the matter and where settlement funds came from.
McCurdie, who retired in December, did not attend proceedings following the death of his father, but has been subpoenaed by the committee for a subsequent round of meetings slated to begin next Tuesday.
The organization released a carefully worded open letter Thursday with a number of promises, including a pledge to reopen an incomplete third-party investigation into the alleged assault.
“We know we have not done enough to address the actions of some members of the 2018 national junior team or to end the culture of toxic behavior within our game,” Hockey Canada wrote last week.
“For that we apologize unreservedly.”
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Mandatory participation in investigations
Smith, who took over from Renney as CEO on July 1, tested on Parliament Hill last month Hockey Canada reported three sexual assault complaints in recent years, including the London incident, but wouldn’t discuss the other two in front of committee.
He added there have been up to two complaints of sexual misconduct each of the last five or six years.
Hockey Canada said in its open letter that participation by players in the third-party investigation into the London incident will be mandatory — unlike before — and that anyone who declines will be banned from all activities and programs.
Smith tested last month “12 or 13” of the 19 players were interviewed before the original and incomplete investigation concluded in September 2020.
The woman who made the assault allegation was seeking just over $3.5 million in damages from Hockey Canada, the Canadian Hockey League and the unnamed players.
Details of the settlement have not been made public, but Smith testified to parliamentarians last month Hockey Canada liquidated a portion of its investments to pay for the settlement, adding that no public money was used.
Minister of Sport Pascal St-Onge ordered an audit to make sure that’s indeed the case.
The NHL is also conducting an investigation because some of the players are in the league, but isn’t making participation mandatory.
The Standing Committee on Canadian Heritage is set to meet Tuesday and Wednesday next week to hear from a long list of witnesses, including McCurdie.
The committee requested and received a redacted copy of the non-disclosure agreement related to the settlement along with a long list of Hockey Canada communications by Friday’s deadline