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The sexual assault trial involving five former players from Canada’s World Junior hockey team will now continue as a judge-only trial after Ontario Superior Court Justice Maria Carroccia dismissed the jury early Friday morning.
Justice Carroccia informed the 14 jurors of her decision, expressing gratitude for their service. “I have determined in this case that it is appropriate to discharge the jury,” she stated.
The jury had spent over two weeks hearing the prosecution’s case, including key testimony from the complainant, identified in court as E.M., who took the stand for several days and underwent rigorous cross-examination.
The case involves allegations of non-consensual group sex at the Delta Hotel in London, Ontario, in June 2018. The accused—Michael McLeod, Carter Hart, Alex Formenton, Dillon Dube, and Callan Foote—have all pleaded not guilty.
The decision to dismiss the jury was prompted by a note from one juror alleging that defence lawyers Daniel Brown and Hillary Dudding were laughing in a way that seemed directed at the jury. Justice Carroccia said the perception could compromise the jurors’ impartiality and affect the fairness of the trial.
Brown and Dudding called the note “an unfortunate misinterpretation” and denied any inappropriate behaviour, stressing that such conduct would contradict their ethical responsibilities.
While the defence acknowledged that their client Formenton had hoped for a jury trial, they expressed confidence in the fairness of a judge-led process.
This marks the second time the trial has shifted course. In late April, a mistrial was declared due to concerns over juror interaction with defence counsel. A new jury was then selected—only to be dismissed again now.
With the trial continuing under judge-only proceedings, the complainant will not need to retestify. Testimony resumed Friday with witness Tyler Steenbergen, a former teammate who is not facing charges.
The trial is expected to run for a total of eight weeks.
