by Hilary A. Findlay. Sometimes the most innocuous situations create the biggest problems. This was true in a recent case that took place in Halifax, Nova Scotia. Thanks to Andre Gallant, CEO of the YMCA of Cape Breton, for sending along details of the case and the comment. The case involved tape on the floor [...]
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Proposed Changes to the Income Tax Act to Affect RCAAAs
by Rachel Corbett. The federal government is in the final stages of reviewing changes to the Income Tax Act that will affect Registered Canadian Amateur Athletic Associations (RCAAAs). The impetus for these changes is the revocation of charitable status from a number of NSOs in recent years (see Football Canada and the Tax Man). It [...]
Case Comment: Voorhorst v. Canadian Soccer Association – A Bylaw That Went Too Far
by Hilary Findlay The Alberta Court of Appeal has reminded us in no uncertain terms that sport organizations cannot, through their bylaws or policies, or through threats of disciplinary action, stop individuals from seeking recourse in the courts. Getting to this nugget of knowledge has been a bit of a convoluted journey, and no doubt [...]
Case Comment: Alberta Soccer Association v. Charpentier (2010)
by Rachel Corbett. It is quite exciting to learn of a case that touches on so many important principles of administrative law as it applies to the governance of sport associations. This recent ruling documents the nightmare that can happen when leaders of sport associations don’t get along and resort to convoluted legal remedies to [...]
Case Comment – Clifford v. Ontario Municipal Employee Retirement System (2009)
This is not a sport case but is helpful nonetheless in providing guidance to tribunals writing decisions. This occurs often in the sport context – panels and committees are often called upon to make decision on selection, eligibility, carding or discipline issues, or to make hear appeals of these decisions. As well, these panels and [...]
Case Comment – Hussack v. School District No. 33 (Chilliwack), (2009)
Devon Hussack was a Grade 7 student when he was injured by a field hockey stick in a physical education class. Devon had not attended school for the first few weeks of the field hockey unit. He had a chronic history of school absences. The principal met with Devon’s father, Mr. Hussack, and the physical [...]
Case Comment – Wong v. Lok’s Martial Arts Centre Inc. (2009)
Victor Wong, a 12-year-old boy, was injured after being thrown to the floor during a sparring session at Lok’s Martial Arts Centre. Wong’s mother, Yen To, had previously attended the class and decided to enroll her sons as well. Before enrolling her sons, Michael Lok (the owner and operator of the Centre) required Yen To [...]
Case Law Comment – Football Canada and the Taxman
Registered Canadian amateur athletic associations (also termed RCAAAs) are non-profit organizations that were established for the primary purpose of promoting amateur athletics in Canada on a nationwide basis. These organizations are registered as such under the Income Tax Act (the Act) and have the authority to issue official donation receipts for income tax purposes. Virtually [...]
Case Law Comment: CURIE v. CGU Insurance Company of Canada (2007)
By Rachel Corbett This Ontario Court of Appeal decision from the fall of 2007 created quite a stir among sport organizations in Ontario. Although the case was entirely a dispute between two insurers about who should bear the cost of an insurance claim, the case went to the heart of a sport organization’s bylaws – [...]
Case Law Comment – Manitoba High Schools Athletic Association v. Pasternak et al. (2008)
Recently, there have been a number of situations that have raised questions about whether females can participate in all-male sport activities and, conversely, whether males can participate in all-female sport activities – and if so, under what circumstances. In our Fall 2006 Newsletter we reviewed the case of Pasternak v. Manitoba High Schools Athletic Association [...]
