Accountability in Appeals Management: Who Watches the Watcher?

The Sport Law & Strategy Group has been handling internal appeals for sport organizations for over twenty years. Our task is to ensure procedural … [Read more...]

SDRCC Arbitrator Rejects Another Case for Being Out of Time

Last month, a third decision was reached in a SDRCC (Sport Dispute Resolution Centre of Canada) case on the issue of lack of jurisdiction due to a … [Read more...]

Following Olympic Disputes: 2014 Sochi Winter Olympic Games

The Olympic Games are underway and the Court of Arbitration for Sport (CAS) is on-site hearing all matters that arise.  The decisions and reasoning … [Read more...]

Discipline Decisions – To Disclose or Not to Disclose?

Should organizations make discipline decisions and sanctions public knowledge? We often act as a neutral third party to handle an organization’s … [Read more...]

Off-Side: Additional Penalties for Doping Infractions Struck Down

We have confirmation... for a second time the Court of Arbitration for Sport (CAS) has struck down additional penalties for doping infractions that … [Read more...]

Olympic Team Selection – What Your NSO Needs to Know to Be Dispute-Ready!

By Rachel Corbett and Kevin Lawrie. The 2012 London Olympic and Paralympic Games are fewer than 90 days away and many NSOs are preparing to select, … [Read more...]

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 – … [Read more...]

Perceptions of Fairness – the Case of the University of Waterloo Football Program

The actions of the University of Waterloo in suspending its 2010 football season provide an opportunity to think about issues of 'fairness'. We can … [Read more...]

When a Deadline is a Deadline

Back in 2005, we wrote about a procedural fairness case (Clegg, Albert, Ciaramidaro & Biathlon Canada v. Canadian Olympic Association, 2002) … [Read more...]

The Complicated Jurisdictional World of Sport

Jurisdiction is an interesting concept – particularly in practice. Jurisdiction simply gives one the authority to act within a certain domain; … [Read more...]

Procedural Fairness in Sport – The Flip Side of the Risk Management Coin

Question: My son is active in club sports. He would like to switch to a different team to join his friends, but a representative of the league says … [Read more...]

It’s Just How I Feel: Lessons in Procedural Justice

Have you ever been in a situation where you felt you were treated unfairly? Most of us have at one time or another. Certainly we have heard others … [Read more...]

Preparing for Beijing: Are You Dispute-Ready?

At the Sport Law & Strategy Group we often say that the months leading up to an Olympic Games are our "legal Olympics". This is a time when we get … [Read more...]

Improving Your Selection Policies

Selection issues are important any time of the year and in any year. In the past six months we were very occupied with selection disputes relating to … [Read more...]

What We Have Learned From Managing Appeals

Fifteen years ago the Centre for Sport and Law began writing appeal policies for sport organizations. In 1995 we published a handbook on the topic … [Read more...]

It’s an Olympic Year – What Coaches Need to Know About Selection Disputes

Canada is like many other countries that have, in recent years, created third-party dispute resolution mechanisms to deal with sport-related disputes. … [Read more...]

What is Fair? B.C. Schools Case Fails to Meet the Required Threshold

We are often asked to help sport organizations administer internal hearings to ensure procedures are carried out properly, thus reducing the chance of … [Read more...]

Maintaining ‘Fairness’ in Investigations and Hearings

Occasionally in this column we are able to write about actual sport cases. This is a treat, as normally we draw from general cases, extracting their … [Read more...]

Scope of Review, Standard of Review and Authority to Grant a Remedy: An Analysis of Three Policy-Based Rules in a Sport-Specific Arbitration Process

The purpose of this paper is to examine how certain prescribed rules of an arbitration process can serve as instruments of sport policy. Three rules … [Read more...]

Suspending a Coach Before a Hearing

Unfortunately, there are times when coaches are the subject of serious complaints of misconduct. Most organizations have in place a discipline process … [Read more...]

When Is a Deadline Not a Deadline?

We have spent the last 15 years urging sport organizations to follow their rules, and at every opportunity doing our best to convey the message that … [Read more...]

Lessons From a Decade of Selection Disputes

Anticipating that there might be some disputes over selection to the Canadian team competing at the Salt Lake City Olympics, the Centre for Sport and … [Read more...]

The Key Components of a Profession

This fall we attended a two-day workshop on professional discipline and regulation. Organized for professional associations such as those governing … [Read more...]

Principles Underlying the Adjudication of Selection Disputes Preceding the Salt Lake City Winter Olympic Games: Notes for Adjudicators

Selection disputes inevitably arise prior to any major games such as an Olympics. Prior to the 1996 Summer Olympic Games, some 25 team selection … [Read more...]

The Rights of Athletes, Coaches and Participants in Sport

This is a chapter prepared for, and excerpted from a sport and law textbook published by Canadian Scholars Press. Its focus is the sport … [Read more...]

More Coaches Being Sued

Another selection matter, and two more coaches are named in a lawsuit. But this one is a bit different. No matter what the outcome of a selection … [Read more...]

The Coach’s “Discretion” in Making Selection Decisions

How much discretion should a coach have in selection decisions? How much discretion can a coach have? In the period leading up to the Pan Am Games we … [Read more...]

What The Johnson Decision Means to Canadian Sport

In a 60-page decision rendered on April 19, 1999, sprinter Ben Johnson was reinstated to sport eligibility in Canada. Independent adjudicator Graeme … [Read more...]

What Makes a Dispute Situation Fair – or Unfair?

Two recent situations involving the termination of coaches may shed some light on this question. The first situation involves the termination of … [Read more...]

Getting Your Policies in Order

by Rachel Corbett. I have been asked by the organizers of this symposium to provide a session on how to translate the many legal principles which … [Read more...]

Fair Treatment

In the last five columns, we have focused on issues relating to negligence and liability of coaches. In this issue, we make a switch to the other side … [Read more...]

The Coach and the Selection Process

How much freedom does a coach have in the selection process? Should the coach even be making selection decisions? The natural inclination is to say … [Read more...]