In Camera Meetings and Minutes of In Camera Meetings

There are times within meetings, particularly executive meetings, when discussions must be kept confidential. Such discussions are considered to be … [Read more...]

What Goes Around, Comes Around

I have been blogging about the Sochi Olympic disputes that went to the Ad Hoc Court of Arbitration (CAS), which heard disputes during the course of … [Read more...]

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...]

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...]

Dependent Contractors: A Third Employment Relationship with Legal Concerns for Sport Organizations

"Dependent contractor" - this is a third category of employment relationships that we rarely discuss, and most organizations have never heard of, but … [Read more...]

Who’s the Piper: Dual Loyalties of Directors?

The Situation A director of a sport organization is appointed to the board because of his or her position in another organization or because that … [Read more...]

Sport Law & Strategy Group Celebrates its 20th Anniversary!

The Sport Law & Strategy Group turns 20 years old this month. I still find this somewhat shocking. In 1992 Hilary Findlay and I had no idea that … [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...]

Lessons from the Ottawa Rapidz Case: Contracts that Help and Contracts that Don’t

Introduction An interesting sport case has been playing itself out in the Supreme Court of Canada. The case highlights the importance of seemingly … [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...]

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...]

Avoiding Uncertainty in Policies and Contracts

We know ... writing and reading policy documents and contracts can be boring and tedious. I can attest to this as I have spent the last several months … [Read more...]

Determining Notice Periods: Length of Service is Only ONE Consideration

We are often asked to help sport organizations determine appropriate notice periods where employees are being released without cause. This can be a … [Read more...]

OFSAA Eligibility Policy Discriminatory? Or Just a Poor Fit With Organization’s Mandate

Direct discrimination on well-known prohibited grounds is typically easily discerned. For example, it is well-known, if not always accepted, that … [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...]

The Most Recent Buzz About Police Records Checks

[NOTE: An updated post on Police Records Checks was published in January 2016] In many service sectors, some form of police record check is now … [Read more...]

Taking the Lead: Strategies and Solutions for Female Coaches

Hilary Findlay recently wrote a chapter on contracts for coaches in an edited book about women in sport called “Taking the Lead: Strategies and … [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...]

The Tragic Death of Georgian Luger, Nodar Kumaritashvili Reminds Us of Some Important Legal Lessons

The 2010 Winter Olympic Games in Vancouver/Whistler received high praise indeed. And although these winter Olympics were one of the best, any … [Read more...]

Hilary Findlay and Colleague Publish Several Articles

Hilary Findlay, along with her colleague Marcus Mazzucco from the University of Victoria, have recently had a couple of articles accepted for … [Read more...]

Degrees of Intervention in Sport-Specific Arbitration: Are We Moving Towards a Universal Model of Decision-Making?

Independent and specialized dispute resolution is an accepted and integral part of the sport bureaucracy internationally and, increasingly so, within … [Read more...]

Girls Playing on Boys’ Teams

Girls wanting to play on boys' teams.... This human rights issue has cropped up again, several times in fact, in the past short while. This timely … [Read more...]

Case Comment – Sagen v. VANOC Appeal (2009)

Bruce Kidd (sport historian, Dean of the Faculty of Physical Education & Health at the University of Toronto and a former Olympian) describes the … [Read more...]

Case Law Comment – Sagen v. VANOC (2009)

On July 10, 2009, the 15 women ski jumpers (the Skiers) suing the Vancouver Organizing Committee (VANOC) lost their bid for inclusion in the 2010 … [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...]

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...]

A Little Knowledge Can Go A Long Way – Understanding The Principles Behind Doping Decisions

Arbitration decisions from the Sport Dispute Resolution Centre of Canada (SDRCC) are always interesting to read – there is a compelling story in each … [Read more...]

To Coach or to Direct – Is There a Conflict?

Increasingly, we are seeing coaches become members of Boards of Directors of sport organizations with which they coach. Perhaps this is part of the … [Read more...]

Increased Commercialization of Athletics Requires Sophisticated Athlete Agreements

From an international sport perspective, the Vancouver 2010 Winter Olympic Games are just around the corner. These imminent Games will have an … [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...]

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...]

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...]

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...]

Coaching Contracts – Do You Know What Yours Says?

It doesn’t matter whether you are a volunteer coach or a paid coach, or whether, as a paid coach, you are an employee of a sport organization or an … [Read more...]

A Guide to Employment Contracts for Coaches

This handbook is written for the paid coach who works part-time or full-time in a coaching position for a sport organization, club, educational … [Read more...]

Defamation.com

In July 2002, an Ontario court issued one of the largest Canadian defamation awards for Internet libel - $400,000. The court found that the defendant … [Read more...]

Violence in Sport Part II – Dealing With Violence as a Legal Issue

In the last issue, we discussed the topic of violence in sport from the criminal law perspective, specifically in the context of a charge of assault. … [Read more...]

Violence in Sport Part I – It’s Your Responsibility Too

This is the first of a two-part column on the legal parameters of violence in sport. Part one focuses on a criminal law perspective. Part two will … [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...]

Violence in Sport: Policy Considerations for the Amateur Sport Organization

Reports of violent sport incidents are becoming startlingly frequent. In 1996, members of the University of Moncton hockey team (including players and … [Read more...]

Book Review – Performance Appraisal for Sport and Recreation Managers

Performance appraisal of coaches. We talk about it a great deal, but all too often don't do it. When we do evaluate coaches, we often don't do it … [Read more...]

The Bully Problem

The bully has been around sport for quite some time. While the topics of harassment and abuse have received considerable attention (and are … [Read more...]

Defamation Part II – You Can’t Say That!!

In the last edition of Coaches Report, we wrote about defamation (Part I); that is, comments or statements that tarnish or destroy a person's … [Read more...]

Job Descriptions

A coach is a coach. Right? Wrong. We often think of coaching as a single job. But in fact, there are many different tasks that can go into the job of … [Read more...]

Playing Russian Roulette with Supplements: Coaches Need to Know

Getting that extra edge. Vitamin, mineral, herbal and other nutritional supplements are becoming an increasingly important part of the athlete's quest … [Read more...]

Defamation Part I – You Can’t Say That!!

Defamation! The threat of libel and slander is being heard more often these days. We may think we know what defamation is and how far we can go in … [Read more...]

Keeping Canadian Sport Drug-Free: Anti-Drug Programs in Canada are the Strictest to be Found Anywhere

First, an independent adjudicator decides to reinstate Eric Lamaze from a lifetime sports ban. Then the Canadian Olympic Association decides to deny … [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...]

Case Comment: Mediated Agreement Between David Morrison, the City of Coquitlam, and the Deputy Chief Commissioner, British Columbia Human Rights Commission (1999)

Why This Case May Interest You This case involved a settlement reached by the parties in a human rights complaint. The complaint alleged gender … [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...]