Former Vancouver Canuck Willie Mitchell has been named in a lawsuit alleging that Mitchell sexually assaulted a 26-year-old woman at his Tofino, B.C., home three years ago.
The notice of civil claim, filed in B.C. Supreme Court, says Mitchell engaged in unwanted and unprotected sex with plaintiff S.D.K., a server working at Tofino Resort at the time of the alleged incident.
Mitchell was one of three directors of Tofino Resort, according to the documents, and the acting general manager. Tofino Resort and an associated numbered company are also named as defendants in the claim.
None of the allegations have been tested in court and the respondents have yet to file statements of defence.
Court documents say on the night of Sept. 11, 2022, S.D.K. finished her server shift and joined co-workers at The Hatch, Tofino Resort’s pub.
According to the claim, SDK became “visibly impaired by alcohol intoxication,” and late in the evening, “Mitchell reportedly escorted the plaintiff out of the pub to his vehicle.”
“Mitchell took the plaintiff to his private residence. While at Mitchell’s residence, in an altered level of consciousness secondary to her extreme intoxication, and without her express or implied consent, Mitchell engaged in unprotected sexual activity with the plaintiff,” reads the claim.
The claim says the following afternoon, S.D.K. went to local police and then to Tofino General Hospital to submit to a forensic nurse examination.
Forensic nurse examinations are a way to collect evidence from patients who claim to have been sexually assaulted.
The claim says Mitchell had a duty of care as an agent of Tofino Resort to ensure the plaintiff was not overserved and was protected from foreseeable harm, including sexual assault.
It says S.D.K. intends to call evidence from other female complainants, who will allege Mitchell’s past behaviour included “psychologically or physically coercing or harassing intoxicated young women to engage in sexual activity,” and “sexually harassing and/or assaulting female staff employed by the Tofino Resort.”
S.D.K. is seeking damages for injuries suffered, including loss of past and future earning capacity.
In a related application, S.D.K. has asked the court to seal her full name from the public.
The application acknowledges that many in the small community of Tofino already know S.D.K.’s identity, but goes on to state that she wishes “to mitigate the risk of widespread publication of her name, particularly considering the extensive media attention surrounding the recent Hockey Canada criminal case in London, Ontario.”
Mitchell, 48, grew up in Port McNeill on Vancouver Island and played four of his 15 NHL seasons with the Vancouver Canucks. He won Stanley Cups with the LA Kings in 2012 and 2014, and retired from the NHL in 2016.
