What's in a number?
In the Turfgate case, quite a bit. In fact, lawyers representing the CSA suggest that the number of women attached to the complaint filed to the Human Rights Tribunal of Ontario is central to determining the legitimacy of the complaint.
In media reports, the women's lawyer, Hampton Dellinger, is widely quoted as saying he represents 40 of the biggest stars of the women's game. In the actual filing to the tribunal, there are 18 specific names listed as examples of the support behind the application.
However, the CSA claims that the actual number of women supporting the application is much smaller than both of those numbers. They suggest only seven names are involved and that one of the players has already asked that her name be removed.
"When (the number of women involved) was styled on the application that was filed Oct 1 it was filed in the form of 'Players involved in the national teams participating in the FIFA Women World Cup 2015'," CSA lawyer Sean Hern said.
"Obviously that's not accurate -- not all of the women involved in the FIFA World Cup are a part of the complaint."
Hern said that the filing submitted on behalf of the women was never clear on exactly who was behind the complaint. Even the 18 names listed were presented in such a way that was ambiguous as to whether they were officially attached to a complaint to the tribunal.
In an email exchange, Dellinger told CSN that he believed that it was not a requirement of them to list specific names.
"There can be no doubt that the overwhelming majority of players – possibly every player except the one reportedly being paid by an artificial turf company – opposes game-changing, dangerous and demeaning artificial turf fields for their sport’s most important tournament," he wrote.
He stressed that they have "written confirmation from over 40 players supporting legal action if necessary."
The CSA's lawyers disagree with that interpretation of the Tribunal requirements. As such, they requested that the women's lawyers submit consent forms from each of the players involved.
"To our view those consent forms are required by the Tribunal and when we asked for them we received only seven, not 40," Hern said.
Dellinger disagreed, saying that they provided a sampling of consent forms voluntarily.
"We believe is not required under the tribunal’s rules," he wrote. "We asked a handful of players to fill out the additional form as an example for the tribunal and the court that players would do so if necessary."
The form in question is called a "27 consent form." It can be viewed here: http://www.hrto.ca.wsd16.korax.net/hrto/sites/default/files/New%20Applications1/Form%2027%20-%20Application%20on%20behalf%20of%20someone%20who%20consents%20under%2034%285%29.pdf
It is intended to give consent to third parties to make an application on an individual's behalf. Instructions written on the top of the form read: "The Application will not be accepted until the Form 27 is filed with the Tribunal."