Canada Case Law

West Coast Cricket Organization v. Cricket Canada

Court

Supreme Court of British Columbia

The December 18-19, 2025 email vote purporting to suspend AlbertaCA was procedurally invalid and in breach of Cricket Canada's bylaws (notice, quorum, and electronic-meeting consent/signature requirements) and the CNCAct; that breach constituted oppression, unfair prejudice and unfair disregard of AlbertaCA's interests; the suspension is declared null and void and the requisitioned Special General Meeting must be convened within 21 days under an independent chair with preservation of the status quo as of December 18, 2025 and restrictions on unilateral director actions until the SGM.

Source excerpt

• Oppression remedy
• Bylaw compliance and interpretation
• Member meetings and voting rights
• Director removal
• Natural justice and procedural fairness
• Internal dispute resolution

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Canadian Hockey League v. McEwan

Court

British Columbia Court of Appeal

The appeal is dismissed because the case management judge did not err in exercising her discretion: the proposed cross‑examinations would chiefly affect credibility and weight reserved for trial, would not materially assist determination of certification requirements including commonality and "some basis in fact," and concerns about delay were legitimate given the litigation history; her refusal is entitled to deference and is affirmed.

Source excerpt

• Certification
• Cross-examination of affidavits
• Common issues
• Preferable procedure
• Expert evidence
• Gatekeeping

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Carcillo v. Ontario Major Junior Hockey League

Court

Court of Appeal for Ontario

The appeal is dismissed because the motion judge did not err in finding the proposed class proceeding unmanageable and therefore not the preferable procedure: the unprecedented scope and complexity and the absence of a workable, detailed litigation plan justified refusing certification, and that discretionary finding warrants deference.

Source excerpt

• Certification
• Cause of action
• Common issues
• Preferability
• Manageability
• Unincorporated association

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Fusion Football Club Soccer Association v. Richmond Soccer Association

Court

Supreme Court of British Columbia

The court held RSA directors breached Societies Act conflict rules in considering Fusion’s membership application and granted interim associate membership plus fair reconsideration orders.

• Conflict of interest (s.56)
• Oppression remedy (s.102)
• Remedial powers (s.104, s.105)
• Abuse of process/issue estoppel
• Membership disputes
• Apprehension of bias

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Cox v. Miller

Court

British Columbia Court of Appeal

The Court of Appeal dismissed a negligence appeal arising from a recreational soccer slide tackle, holding the trial judge applied the correct standard of care.

• Standard of care in sport
• Assumption of risk
• Recklessness
• Role of rules of play
• Palpable and overriding error
• Standard of review

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McEwan v. Canadian Hockey League

Court

Supreme Court of British Columbia

The court dismissed the defendants’ application to cross-examine the plaintiff’s player affiants and expert on a proposed class-action certification record.

• Certification
• Cross-examination of affiants
• Admissibility and weight of expert evidence
• Concussion protocols
• Commonality
• Class-actions

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Truro Raceway Limited v. Atlantic Provinces Harness Racing Commission

Court

Supreme Court of Nova Scotia

Section 14(2) did not apply because the proceedings were not hearings in respect of a person; the private presentation procedure was the existing and expected process (requested in 2021 and used in 2022 without objection); the presence of Commission legal counsel did not cause prejudice or deny parties the opportunity to be represented; on the reasonableness standard the Commission's process did not breach procedural fairness and the application for judicial review is dismissed.

Source excerpt

• Procedural fairness
• Duty of fairness
• Judicial review
• Statutory interpretation
• Administrative procedure
• Right to representation

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Miller v. Cox

Court

Supreme Court of British Columbia

A recreational soccer player was found liable in negligence after a dangerous slide tackle from behind caused a serious shoulder injury.

• Sports negligence
• Standard of care
• Assumption of risk
• Consent in sport
• Causation
• Damages

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Mohr v. National Hockey League

Court

Federal Court of Appeal

The appeal is dismissed: s.48 is confined to agreements and arrangements between teams and clubs that are members of the same league (intraleague only) and s.45, properly interpreted, addresses sell‑side (production or supply) conspiracies; the pleaded interleague and buy‑side conspiracy claims have no reasonable prospect of success.

Source excerpt

• Section 45 competition act
• Section 48 competition act
• Statutory interpretation
• Motion to strike
• Use of extrinsic evidence
• Penal construction

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McEwan v. Canadian Hockey League

Court

Supreme Court of British Columbia

The court decided a pre-certification admissibility motion in a proposed class action about fighting in junior hockey, admitting most affidavit evidence and an expert report.

• Certification
• Admissibility of evidence
• Hearsay
• Opinion evidence
• Expert evidence
• Duty of care

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