Academic Clinic Director Gemma Smyth is pictured in the Windsor Law Ianni Building, home to the Class Action Clinic, where students gain hands-on experience advancing access to justice. (JOEL GUERIN/University of Windsor)
By Sara Meikle
Since 2019, the University of Windsor’s Class Action Clinic has been working to help class action members file claims, recover compensation and navigate complex legal processes.
It is the only clinic of its kind in Canada, dedicated exclusively to representing class members.
On Feb. 16, that work will reach a new milestone.
The Class Action Clinic has been granted intervener status at the Supreme Court of Canada, marking the first time the clinic has been given standing before the country’s highest court. While individual Windsor Law faculty have contributed to precedent-setting cases before the Supreme Court, this is the first time the clinic will participate in its own right.
“This moment reflects both the strength of our faculty’s longstanding contributions to Supreme Court litigation and the growing national impact of the Class Action Clinic,” said Windsor Law Dean Reem Bahdi. “Being granted standing affirms the clinic’s role in advancing access to justice and amplifying the voices of class members.”
As an intervener, the clinic will offer a perspective distinct from the parties to the case, acting as amicus curiae — a friend of the court — and providing insights that may assist the Court in understanding the broader implications of its decisions.
The appeal centers on the relationship between class action lawyers, representative plaintiffs ;and the class members whose rights are affected by class proceedings — a foundational issue in Canadian class actions.
“Our mandate is to support class members and preserve their rights,” said Academic Clinic Director Gemma Smyth. “Class members are often absent litigants, meaning their rights are being determined in proceedings where they have little direct say. Our role is to help the Court understand how decisions directly affect access to justice for those individuals.”
The case arises from a class action involving Canada’s junior hockey leagues within the Canadian Hockey League, where players were paid approximately $50 per week, plus room and board, while playing for teams that operate as private, revenue-generating businesses.
Separate class actions were filed in Alberta, Ontario and Quebec. After initial settlements were rejected, revised settlements were approved by courts in Alberta and Ontario. In Quebec, representative plaintiffs sought to withdraw support for the settlement and dismiss their lawyers, triggering a legal dispute that has now reached the Supreme Court of Canada.
While the appeal is rooted in a specific case, the clinic’s focus is broader.
“This is really about the Court’s oversight of the relationships in class actions,” Smyth said. “Lawyers, representative plaintiffs and courts all have duties toward class members. We want to ensure those duties are understood and enforced.”
The clinic is represented on a pro bono basis by Sotos LLP. The clinic’s arguments are being advanced by Mohsen Seddigh, a Windsor Law sessional instructor, and Karine Bédard.
The Supreme Court appearance builds on the clinic’s growing national profile. In 2022, the clinic successfully intervened in a case before the Ontario Court of Appeal — a decision in which the court explicitly referenced and adopted the clinic’s arguments.
Since its launch, the clinic has helped recover nearly $2 million for clients.
Students play a central role in the clinic’s work, including this intervention. Windsor Law students have assisted with legal research, drafting affidavits, motion materials and developing filing strategies.
“They’re learning what access to justice looks like in practice,” Smyth said. “They’re part of real discussions about strategy and law reform, not just reading about it in a textbook.”
Students and members of the public will be able to observe the Supreme Court hearing, which will be webcast.
For the University of Windsor, the intervention underscores the national reach of its clinical legal education programs and their role in shaping law reform.
“This is about more than one case,” Bahdi said. “It shows how academic expertise, student engagement and public-interest advocacy can come together to influence the future of Canadian law.”