TORONTO — Former Ottawa Senators forward Alex Formenton has filed a lawsuit against his former representatives.
The $20.5 million lawsuit names agent Wade Arnott and player agency Newport Sports Management Inc., alleging negligence, breach of contract and breach of fiduciary duty.
Formenton is one of five one-time NHL players charged with sexual assault in a high-profile case in London, Ont.
The 25-year-old alleges in the suit filed in Ontario Superior Court in Toronto last week he lost income from the 2022-23 and 2023-24 NHL seasons, plus future income, because of Arnott and Newport's misconduct. Formenton has asked the court to award him $20 million in damages and a further $500,000 in punitive damages.
The allegations have not been tested in court. Neither the founder of Newport Sports, Don Meehan, or Arnott responded to requests for comment from The Canadian Press.
Formenton, Dillon Dube, Carter Hart, Michael McLeod and Cal Foote — all former members of Canada's world junior team — were charged earlier this year in connection with an alleged sexual assault in London in 2018. All five plan to defend themselves against the allegations and have opted for a jury trial.
Toronto-based Newport, which dubs itself "the premier representation and management agency of professional hockey athletes," has a stable of high-profile clients, including Connor Bedard, Erik Karlsson, Rasmus Dahlin, Steven Stamkos, Brad Marchand, Jacob Markstrom, Sam Reinhart, and Brady and Matthew Tkachuk.
A second-round pick by Ottawa in 2017, Formenton's lawsuit states, "As his agent, Wade and Newport Sports owed Alex a duty of care."
"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," the suit reads. "Alex pleads that the services and counsel provided by Wade and Newport Sports were done negligently, carelessly and unskillfully."
The lawsuit alleges the Senators presented Formenton with a one-year, US$787,500 qualifying offer in July 2022, which was rejected, after his entry-level deal expired.
Formenton contacted Arnott in July 2022 and asked how to proceed, the suit alleges, but Arnott failed to advise Formenton that by accepting the qualifying offer the player could negotiate a third contract in January 2023 for the following season.
The suit alleges Arnott and Newport did not advise Formenton the offer could be extended past July 15, 2022, if the Senators agreed. The suit adds Arnott and Newport didn't request the team's 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," Formenton's 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 Dec. 1, 2022, and accordingly, Alex was ineligible to play in the NHL for the remainder of the 2022-23 season."
Formenton subsequently signed a contract with Swiss professional club Ambri-Piotta for $125,000.
The lawsuit alleges that during those negotiations, Arnott requested a clause that would allow Formenton to return to the NHL should a deal be struck.
"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," the suit reads.
Formenton took a leave of absence from Ambri-Piotta in January 2024 and ended his relationship with Arnott and Newport, the lawsuit states. He was charged along with Dube, Hart, McLeod and Foote in the London case the same month.
This report by The Canadian Press was first published Nov. 1, 2024.
The Canadian Press
