Employment lawyer Chantel Goldsmith on NDAs and the Hockey Canada assault investigation

Interview Summary

Hockey Canada has re-opened a sexual assault investigation regarding a hockey player from Canada’s World Junior hockey team. What are the rights of those involved if a non-disclosure agreement was initially agreed upon? Are there potential consequences to breaking a non-disclosure agreement?

Chantel Goldsmith, a Toronto employment lawyer and Senior Partner at Samfiru Tumarkin LLP joins Kelly Cutrara on 640 Toronto to answer these questions and more.

Interview Notes

• Non-disclosure agreements: A non-disclosure agreement is a legal document used to protect information and it is established in order to ensure a confidential relationship between all parties involved. Most NDAs are filed in order to ensure sensitive information is never made public to those involved outside of the situation.
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    Sexual assault or harassment in the workplace
• NDA used in civil cases rather than criminal: Anything that is criminal in nature, an NDA does not protect. The current Hockey Canada investigation could lead to a breaking of an NDA if criminal activity has taken place.
• Settlements occurring after an NDA: A pay-out does not always occur after an NDA is put into place. In some cases, an NDA is filed when an individual is buying a new company or business, etc. Non-disclosure agreements are fairly common.
• Advantages and disadvantages of breaking an NDA: By breaking the current NDA in place regarding the Hockey Canada sexual assault investigation, other parties and witnesses involved might be dissuaded from coming forward as more information would be made public.