Canada Case Law

British Columbia Mainland Cricket Association v. Chowdhury

Court

British Columbia Court of Appeal

The chambers judge committed an error of law by selectively interpreting the Society's purposes (giving undue primacy to fostering/extension) and failing to interpret the repeated phrase 'the game of cricket' holistically with the bylaws and governing rules; read properly the phrase denotes cricket played under ICC/MCC Laws and Rule 10 is a permissible governance/regulatory measure within the Society's purposes and therefore not contrary to the Societies Act; appeal allowed and amended petition dismissed.

Source excerpt

• Ultra vires
• Interpretation of society purposes
• S.104 and s.105 enforcement
• Standing
• Rule validity
• Player eligibility

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Cline v. Gymnastics Canada

Court

Supreme Court of British Columbia

The court allowed a pre-certification territorial competence challenge to proceed, but adjourned final determination on the Ex Juris Québec gymnasts pending limited further submissions.

• Territorial competence
• Jurisdiction
• Real and substantial connection
• Common issues
• Certification
• Assumed jurisdiction

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Fusion Football Club Soccer Association v. Vancouver Youth Soccer Association

Court

Supreme Court of British Columbia

The court dismissed a Societies Act oppression petition by an amalgamated soccer club after finding its predecessor club had only limited Metro-level affiliation rights.

• Oppression remedy
• Amalgamation
• Bylaws interpretation
• Appealability and collateral attack
• Jurisdiction of sporting bodies
• Societies-act-oppression-remedy

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Warren v. Football Canada

Court

Supreme Court of Nova Scotia

No enforceable contractual relationship existed between the volunteer applicant and Football Canada; even accepting procedural deficiencies, the applicant’s conduct was the proximate cause of his reputational and psychological harm; Football Canada did not owe a duty of care in negligence in the circumstances; the application is dismissed.

Source excerpt

• Discipline/suspension
• Appeal process
• Duty of care
• Duty of good faith

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Vancouver Island Junior Hockey League Society v. British Columbia Amateur Hockey Association

Court

Supreme Court of British Columbia

The court dismissed a petition challenging BC Hockey’s mandatory full face shield rule for Junior B players, finding no proven reasonable expectation was violated and no unfair prejudice.

• Unfair prejudice
• Oppression remedy
• Bylaws and governance
• Player safety regulation
• Reasonable expectations
• Unfair-prejudice

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Biathlon Canada v. Canada (National Revenue)

Court

Federal Court

The Federal Court dismissed Biathlon Canada's motion to stop publication of a revocation notice, finding no clear evidence of irreparable harm under the RJR-MacDonald test.

• Revocation of registered canadian amateur athletic association status
• Interlocutory injunction
• Judicial review
• Irreparable harm
• Jurisdictional interpretation of income tax act
• Interlocutory-injunction

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Sagen v. Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games

Court

British Columbia Court of Appeal

The Court of Appeal held that the Charter did not apply to the IOC’s event-selection decision for the 2010 Games, and dismissed the women ski jumpers’ appeal.

• Charter s.32 applicability
• Charter s.15 equality (benefit of the law)
• Public/private distinction
• Ascribed activity test
• Olympic programme authority
• Charter-s32

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