Can Sport Organizations Register as a Charity? It is not often the Supreme Court of Canada hears a case involving sport. Yet on 16 May 2007 it heard an appeal in the case of Amateur Youth Soccer Association (AYSA) v. Canada Revenue Agency (CRA). The case is fundamentally about whether sport organizations are entitled to [...]
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Case Law Comment – R. v. AFC Soccer
This case pertains to sentencing for a charge under Sec. 42(1)(a) of the Copyright Act. This Section states, in part, that ‘Every person who knowingly …makes for sale or rental an infringing copy of a work or other subject-matter in which copyright subsists ….is guilty of an offence’. The Crown proceeded in this case by [...]
Case Law Comment – Resurface Corp v. Hanke (2007)
The Supreme Court of Canada recently ruled in the case of Resurfice Corp. v Hanke (2007 SCC 7) and shed new light on one of the four elements of negligence. Ralph Hanke operated an ice-resurfacing machine at an Edmonton rink, and was horribly injured when an explosion occurred, after Hanke put water into the gas [...]
Case Law Comment – Ceccol v. Ontario Gymnastics Federation (1999)
A fundamental principle in employment law is that when terminating a contract without cause, an employer must give reasonable notice. This principle is not absolute however, as it does not apply to fixed-term contracts, as these contracts simply run their course and then cease. It comes as no surprise then that some employers have gotten [...]
Case Comment – Pasternak v. Manitoba High School Sports Association (2006)
Most people have now heard about the Pasternak twins, who complained to the Manitoba Human Rights Commission when the Manitoba High School Sports Association (MHSSA) would not let them play on their high school boys’ ice hockey team. The Manitoba Human Rights Tribunal found that the Pasternak girls had been discriminated against on the basis [...]
The Coach-Athlete Relationship: A Legal View
Recently, we were asked to investigate cases of alleged coach misconduct that raise the question, is this specific coach in a position of trust with regard to this specific athlete? There is no debate that coaches play an extremely important role in the development of an athlete. The coach and athlete may share emotional experiences [...]
A Reason for Coaches to Know the Rules and Stay Engaged
It is not often that there is a case coming from the Canadian courts dealing explicitly with a coach. So, when there is one, it is important that we report on it. While it is unfortunate that this case occurred at all, there are lessons that can be drawn from it. The initial incident, while [...]
Case Comment: R. v. Gollan (2000)
Court decisions are a critical source of information about the proper interpretation of the laws and rules that govern so many of our actions. Our goal with comments on case law is to provide you with an accurate summary of the main issues in the case, and to comment on the case’s possible relevance. Keep [...]
Case Comment – Bazley v. Curry (The Children’s Foundation) 1999, 2 SCR 534
Court decisions are a critical source of information about the proper interpretation of the laws and rules that govern so many of our actions. Our goal with comments on case law is to provide you with an accurate summary of the main issues in the case, and to comment on the case’s possible relevance. Keep [...]
Restraint of Trade: Breathing New Life Into an Old Legal Doctrine
Can a sport organization stop, or limit a coach or athlete from earning a living through sport? This is the essence of the legal doctrine known as “restraint of trade”. It is a doctrine that has been around for some time but has recently attracted new attention. In sport it has been used as the [...]
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