Content advisory: This article includes graphic details of alleged sexual assault
Former National Hockey League defenceman Willie Mitchell has denied allegations of sexual assault made against him in a civil lawsuit, laying out his version of events surrounding a night of drinking in Tofino, B.C., in September of 2022.
Mitchell, a one-time Vancouver Canuck who played in the NHL from 1999 to 2016, was named as a defendant in a lawsuit filed in October by a woman identified in court records as S.D.K. The plaintiff alleges she was sexually assaulted by Mitchell after becoming intoxicated during a social evening connected to a fishing tournament in the coastal B.C. community.
In a response filed Nov. 20 in British Columbia Supreme Court in Vancouver, Mitchell denied assaulting the plaintiff and disputed key portions of her claim, asserting sexual activity was consensual and that he had no reason to believe the plaintiff lacked the capacity to consent.
S.D.K.’s statement of claim and Mitchell’s response present sharply different accounts of what occurred on Sept. 11–12, 2022. The plaintiff’s allegations have not been tested in court.
According to Mitchell’s response, he attended the annual Race for the Blue fishing tournament in Tofino on Sept. 11, 2022, an event that included social activities and gatherings throughout the community.
Mitchell wrote in his response that he consumed alcohol during the day and was intoxicated by the evening. His filing stated that he attended a social event at The Hatch Restaurant and Bar, where live music was being performed for tournament participants and guests.
His response asserted that Mitchell and the plaintiff began dancing and kissing at the bar and later continued kissing both on the dance floor and inside a bathroom at the venue. Mitchell denied he purchased or served the plaintiff any alcohol that evening.
S.D.K. wrote in her statement of claim that she was 26 at the time of the alleged incident in 2022 and that she worked as a server at the Tofino Resort + Marina. Mitchell was acting general manager of the resort, was 19 years older than S.D.K., and was in a position of power and authority over her, S.D.K. wrote in her claim.
“While at The Hatch, the plaintiff was served alcoholic beverages, including but not limited to wine and tequila,” S.D.K.’s claim said. “As the evening went on, the plaintiff became visibly impaired by alcohol intoxication. The plaintiff has only fragmentary memories of the events of the late evening. She recalls dancing on the dance floor but has little to no memory thereafter… The plaintiff has vague memories of being in a car and having only one shoe on.”
S.D.K. alleged in her statement of claim that she recalled Mitchell sexually assaulting her and “Mitchell’s hands on and/or around her neck in a strangle-like hold.”
According to Mitchell’s court filing, he and the plaintiff left the bar together and were driven to Mitchell’s condominium by a designated driver. Mitchell alleged the plaintiff was “cogent” during the drive.
Once at the condominium, Mitchell alleged that he and the plaintiff went to the patio and later engaged in sexual activity, including oral sex and unprotected intercourse. Mitchell asserted the plaintiff was an “active participant” and that she verbally and physically indicated enjoyment and consent throughout the encounter.
Mitchell’s filing also claimed the two slept on a couch and had intercourse again the following morning, initiated by the plaintiff.
Mitchell said there were several brief interruptions during the night by other individuals, including the designated driver, and that the plaintiff acknowledged their presence before resuming sexual activity.
Mitchell maintained that he took reasonable steps to ensure consent and had no reason to doubt the plaintiff’s capacity. According to Mitchell’s six-page defence, “a person who has blackouts may still be capable of consenting.” Mitchell argued that, even if the plaintiff lacked capacity, he had a reasonable belief the plaintiff was consenting, based on her words and conduct.
Mitchell also argued in a court filing that as managing director of Tofino Resort + Marina, he oversaw brand direction and the hiring of senior-level management.
“Mitchell did not engage with or nor direct members of Tofino Resort + Marina hourly staff, including the plaintiff, in his role,” his court filing said, adding that before Sept. 11, 2022, Mitchell allegedly had one encounter with the plaintiff, where she engaged in conversation with Mitchell and his friends on the patio of the restaurant.
“At no time did Mitchell engage with the plaintiff in his role as managing director,” Mitchell’s response to the civil claim said. “Mitchell retired from his position with the Tofino Resort and Marina in February 2023.”
The response also noted that the plaintiff reported the incident to the RCMP, prompting a criminal investigation. No charges were laid, and Mitchell cooperated fully with police, his court filing said.
The original statement of claim also said that the plaintiff planned to call evidence from other female complainants who would allege Mitchell’s past behaviour has included “psychological or physically coercing or harassing intoxicated young women to engage in sexual activity.”
Mitchell wrote in his court filing that since the incident he has since attended counselling and has focused on his family.
Mitchell, who is 48, played 907 NHL games over a 17-season career. He won Stanley Cups with the L.A. Kings in 2012 and 2014.