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Clubs deny GTHL’s fraud allegations in newly filed defence

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Four minor hockey organizations accused by the Greater Toronto Hockey League (GTHL) of overcharging for game ice for decades have denied they committed fraud, misled the league or breached any duties owed to the GTHL.

Instead, the organizations argue in a newly filed statement of defence that the case is about the largest minor hockey organization in the world trying to exert improper control over independent, non-profit clubs.

In a statement of defence filed in Ontario Superior Court on June 5, the City of Vaughan Hockey Association, operating as the Vaughan Rangers, the Vaughan Panthers Minor Hockey Association, Markham AAA Rep Hockey Club, operating as Markham Majors, and Markham AA and A Rep Hockey Club, operating as Markham Islanders, denied the GTHL’s allegations.

The GTHL sued the clubs earlier this year, alleging they charged the league undisclosed premiums or administrative fees on game ice purchased from their local municipalities over the past two decades.

The league alleged the clubs bought ice at lower community organization rates from Vaughan and Markham, then invoiced the GTHL at higher amounts without properly disclosing the difference.

The clubs say those allegations are “without merit, vexatious, and intended to cause significant legal and reputational harm” to the clubs and their representatives. None of the allegations has been proven in court. The clubs are asking the court to dismiss the GTHL’s lawsuit with costs.

The GTHL is seeking at least $700,000 in damages and interest, including $300,000 from the Rangers, $150,000 from the Panthers, and $250,000 from the Majors and Islanders combined.

At the heart of the dispute is what the clubs describe as an “administrative fee” that was included in invoices for game ice over approximately 25 years. The clubs say the fee was a legitimate charge meant to recover operational and overhead costs associated with procuring, managing and administering ice for GTHL games.

The clubs say they were not simply passing along municipal ice invoices. Rather, they say they had to secure allocations of ice from Vaughan and Markham before each season, pay for that ice, absorb the risk of unused ice, coordinate scheduling, deal with staffing and rink issues, and administer the process on behalf of the GTHL.

“The administrative fee is a partial recovery of internal overhead costs that each of the Clubs incurred to acquire, pay for and manage the ice provided to the GTHL,” the defence says in the filed statement.

The clubs also deny that they had any obligation to disclose the precise amounts they paid to municipalities or to provide the GTHL with copies of their municipal ice contracts. They say those contracts contained confidential business information and that neither the GTHL constitution, bylaws nor regulations required member clubs to disclose that information.

According to the defence, the GTHL accepted the clubs’ quoted ice rates year after year without objection. The clubs say the arrangement was known to and approved by former GTHL president John Gardner, who accepted quoted rates that included administrative fees. The clubs allege the GTHL “raised no objection” to the arrangement from the time the organizations joined the league in the mid-to-late 1990s and early 2000s until August 2023.

The defence says the clubs’ ice rates remained “significantly lower” than rates the GTHL paid for ice at other facilities in Toronto, Mississauga and Scarborough. The clubs argue the GTHL, its members and players, benefited from the arrangement because the clubs were able to obtain community sport organization rates from Vaughan and Markham that the GTHL could not have obtained on its own.

The clubs also allege the GTHL suspended payments to the Markham clubs in January 2024 and to the Vaughan clubs in March 2024. They say the payments withheld were for game ice already provided and already paid for by the clubs. The defence says the league later resumed payments in November 2024 but excluded the administrative fee component, which the clubs say remains due and owing.

A central theme of the defence is jurisdiction. The clubs argue the GTHL is a private, voluntary, self-governing sports association with authority over hockey matters such as registration, scheduling, standings, championships, discipline and rules of play.

They argue that authority does not extend to auditing the business records of member clubs, regulating their commercial affairs or adjudicating damages claims arising from contracts.

The clubs say the GTHL launched an internal disciplinary process against them in December 2024 based on the same allegations now before the court. They argue that process is unfair because the GTHL is acting as complainant, prosecutor, adjudicator, and beneficiary of any potential fines.

“The GTHL is not acting as an independent adjudicator between adverse parties, but as a party pursuing its own financial interests,” the defence says.

The clubs say the disciplinary proceeding should stop unless the GTHL obtains a court order staying the lawsuit. They argue the court should decide the dispute because it concerns contractual obligations, alleged fraud, damages and confidential business records.

The defence also rejects the GTHL’s allegation that the clubs owed fiduciary duties to the league. The clubs say they were not agents of the GTHL, did not act on the league’s behalf and did not owe duties of loyalty, or disclosure. They say the relationship was commercial. The clubs provided ice, invoiced the GTHL, and were paid.

The clubs deny they engaged in deceit, negligent misrepresentation, equitable fraud, breach of contract or unjust enrichment. They also deny that Markham AAA and Markham AA and A should be liable for claims that predate their incorporation in 2017.

The defence says any attempt by the GTHL to claw back payments made more than two years before the lawsuit is statute-barred under Ontario’s Limitations Act.

The filing offers a sharply different account of a dispute that has raised broader questions about finances, transparency and governance in Canada’s largest minor hockey league.

The GTHL has alleged the clubs failed to disclose that they were charging more than the municipal cost of ice. The clubs say the league is attempting to recast a longstanding, accepted business arrangement as misconduct after decades of paying invoices without complaint.

For families in the GTHL, the lawsuit has pulled back the curtain on the complicated business of youth hockey, where non-profit clubs rely on municipal ice rates, sponsorships, player fees and administrative charges to operate programs that can cost families thousands of dollars per season.

The clubs say their administrative fees helped make those programs sustainable. The GTHL alleges the fees were improper.

The court will now be asked to decide whether the dispute is evidence of misconduct by member clubs, as the league alleges, or an overreach by a sports governing body into the business affairs of independent organizations, as the clubs claim.

A GTHL special committee has scheduled a hearing for June 12 regarding the allegations. Michael Mazzuca, a lawyer for the organizations accused of fraud, told TSN in a text message the teams will attend the hearing to “put these protest points on the record and repeat the grounds of our defence.”