When Rough Play Becomes Assault

The use of criminal law to regulate the conduct of sport participants has a long history, within which Canada is noted as being unique in using … [Read more...]

Tripped Up By Tape

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 … [Read more...]

Sport Law & Strategy Group Newsletter – November 2011

Sport Law & Strategy Group Newsletter vol 7(1) - November 2011 We sent you our last newsletter back in December 2010 when we were still known … [Read more...]

Proposed Changes to the Income Tax Act to Affect RCAAAs

The federal government is in the final stages of reviewing changes to the Income Tax Act that will affect Registered Canadian Amateur Athletic … [Read more...]

Important Lessons for NSOs in Recent CAS Decision

What can Canadian sport organizations learn from a recent decision of the Court of Arbitration for Sport (CAS)? As it turns out, a lot, at least from … [Read more...]

Private Information on Work Computers and the Need for Clear Policies and Procedures

By LeeAnn Cupidio and Steven Indig If your organization does not have a technology policy in place to deal with the use of electronic devices such … [Read more...]

Case Comment: Voorhorst v. Canadian Soccer Association – A Bylaw That Went Too Far

The Alberta Court of Appeal has reminded us in no uncertain terms that sport organizations span style="text-decoration: underline"cannot/span, through … [Read more...]

Case Comment: Alberta Soccer Association v. Charpentier (2010)

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 … [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...]

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...]

Defamation Update – Grant v. Torstar Corp

The Supreme Court decision in Grant v. Torstar Corp gives insight into the ongoing legal tussle between freedom of expression vs. protection of … [Read more...]

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 … [Read more...]

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, … [Read more...]

Sex Discrimination in Sport: An Update

By Hilary Findlay In one legal ruling, an all female fitness club is not required to provide membership to a man, yet in another, a scholastic … [Read more...]

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 … [Read more...]

From Blainey to Pasternak: Are We Making Progress?

Today, as a general rule, girls will be permitted to play on boys’ teams unless there is a reasonable justification for segregating activity on the … [Read more...]

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 … [Read more...]

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, … [Read more...]

Case Comment: AYSA v. Canada Revenue Agency (2007)

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 … [Read more...]

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 … [Read more...]

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 … [Read more...]

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 … [Read more...]

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 … [Read more...]

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 … [Read more...]

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 … [Read more...]

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 … [Read more...]

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 … [Read more...]

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 … [Read more...]

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 … [Read more...]

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 … [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...]

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...]

The Standard of Care of Coaches Towards Athletes

This column is about the basics. It talks about the standard of care of coaches towards athletes. When coaches fail to meet this standard, they may be … [Read more...]

Contributory Negligence

When a coach fails to meet the standard of care toward athletes, he or she may be negligent. But negligence does not equate with liability. Whether or … [Read more...]