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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What is the Standard of Care of Coaches Towards Athletes?
Or for that matter, what is the standard of care of teachers to students, or instructors to participants? A recent court case of British Columbia involving a junior high school teacher and a student in a physical education class provides a good reminder of this standard (Hussack v. School District No. 33 (Chilliwack) [1]. The [...]
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 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 [...]
Information Package on Legal Issues for Coaches
More than ever before, coaches are aware of the risks and responsibilities they assume when they coach. These risks and responsibilities include those that are legal in nature. No matter what their certification level, experience, employment or volunteer status, sport discipline, or location of residence, coaches at all times have a legal obligation to provide [...]
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 [...]
Legal Liability and Risk Management: A Handbook for Directors
By Rachel Corbett. According to the 2000 National Survey of Giving, Volunteering and Participating, over 40 percent of Canadian volunteers hold positions on boards and committees. These hundreds of thousands of leaders in the voluntary sector are to be applauded and supported for their willingness to take on the responsibilities associated with such directorships, and [...]
The Responsibilities of Supervision
Many coaches engage in instructional activities as part of their coaching position. No one will dispute that part of the responsibility of the coach/instructor is to supervise athletes and activities going on within sport facilities. The safety of athletes and other participants must always be a paramount consideration. A recent Canadian case involving a serious [...]
Vicarious Liability: Two New Supreme Court Decisions
In almost every newsletter and law update we have read recently, two new Supreme Court of Canada decisions have been written up. So, not to be left out in the cold, we will write about them, too. In reality, these two decisions are very important to any sport organization. They also speak directly, although in [...]
