2018 WJC case: Alex Formenton seeks to be awarded $20.5 million in damages in lawsuit against agent!

One of five one-time National Hockey League players charged by police in London, Ont., with sexual assault, Alex Formenton is going back to court for another case. The former Ottawa Senators forward has filed a $20.5 million lawsuit against player agency Newport Sports Management Inc. and Wade Arnott, his former agent, alleging negligence, breach of contract, and breach of fiduciary duty.

The 25-year-old, who recently announced that he was done with hockey and now working in constructing, alleges that he suffered income loss for the 2022-23 and 2023-24 NHL seasons, plus future income arising from lost playing time in the NHL, because of Arnott and Newport’s misconduct.

Let us remind you that Formenton, along with Carter Hart, Dillon Dube, Cal Foote and Michael McLeod, with one count of sexual assault, with McLeod also facing an additional charge (being party to the offence) in the 2018 World Junior alleged sexual assault.

It’s alleged the incident occurred following a Hockey Canada gala in Ontario in June 2018, when the players were honoured for their victory at the World Junior Ice Hockey Championships. Court documents from 2022 revealed London police believed they had reasonable grounds to accuse five players of sexually assaulting a young woman in a hotel room. Since then, respective NHL teams have cut ties with the players.

Formenton seeks to be awarded $20 million in damages and a further $500,000 in punitive damages because of Newport’s “bad faith and high-handed conduct.”

“As his agent, Wade and Newport Sports owed Alex a duty of care,” Formenton’s lawsuit reads. “At all material times, they were negligent in exercising their duties as agent to Alex and did not meet the required standard of care expected of a professional agent. Alex pleads that the services and counsel provided by Wade and Newport Sports were done negligently, carelessly and unskillfully…”

From the court documents obtained by TSN:

Formenton alleges in his lawsuit that after he contacted Arnott in July 2022 and asked for advice on how to proceed, Arnott failed to advise Formenton that by accepting the qualifying offer Formenton could enter negotiations in January 2023 for a new, third contract, commencing with the 2023-24 season.

Arnott and Newport did not advise Formenton that the offer could be extended past July 15, 2022, if there was an agreement with the Senators, the lawsuit alleges, adding that Arnott and Newport did not request that the Senators’ offer be extended.

“For the remainder of July to December 2022, Wade continued to represent and hold out to Alex that he would yet be offered a new contract by the Ottawa Senators ,” the lawsuit reads. “Wade advised that even without an accepted offer or extended qualifying offer his dealings with the Ottawa Senators on behalf of Alex was ‘business as usual’ and that Alex should rely on Wade and Newport Sports to secure a favourable offer.

“Wade’s advice was wrong. The Ottawa Senators did not propose or agree to a new contract with Alex prior to December 1, 2022, and accordingly, Alex was ineligible to play in the NHL for the remainder of the 2022-23 season.”

In December 2022, Formenton went on to play on a $125,000 contract with Ambri-Piotta, a pro hockey team in Ambri, Switzerland.

“During the negotiations of the Ambri-Piotta contract, Wade asked for a contract clause that would allow Alex to return to play with the NHL, should Newport Sports and Alex be able to negotiate a new NHL contract,” the lawsuit reads. “At no time during the contract negotiations with Ambri-Piotta did Wade advise Alex of the consequences or possible repercussions of transferring to a European team and the impact this may have on a continued career in the NHL.”

Formenton took a leave of absence from Ambri-Piotta in January of 2024. The same month, he ended his relationship with Arnott and Newport, according to the lawsuit.

Then came the 2018 World Junior alleged sexual assault and its charges against Formenton.

Newport and Arnott have not filed a statement of defence.