Blog posts by Hilary Findlay

In Camera Meetings and Minutes of In Camera Meetings

18/03/2014 by Hilary Findlay
There are times within meetings, particularly executive meetings, when discussions must be kept confidential. Such discussions are considered to be “in camera” meetings. In camera meetings have a legitimate purpose but because they restrict ...

What Goes Around, Comes Around

25/02/2014 by Hilary Findlay
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 the Olympic Games. There were four disputes, including one a Canadian matter filed by Alpine ...

When Rough Play Becomes Assault

11/02/2014 by Hilary Findlay
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 criminal law as a means of governing player behaviour. Indeed, Canadian case law has provided th ...

Following Olympic Disputes: 2014 Sochi Winter Olympic Games

07/02/2014 by Hilary Findlay
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 behind those decisions signal to the sport community and, more specifically, to sport decisi ...

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

29/07/2013 by Hilary Findlay
"Dependent contractor" - this is a third category of employment relationships that we rarely discuss, and most organizations have never heard of, but which is probably one of the more relevant to sport and certainly an increasing way in whi ...

Who’s the Piper: Dual Loyalties of Directors?

13/06/2013 by Hilary Findlay
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 organization has voted the person to be its representative. These organizations are typically ...

Off-Side: Additional Penalties for Doping Infractions Struck Down

03/05/2012 by Hilary Findlay
We have confirmation... for a second time the Court of Arbitration for Sport (CAS) has struck down additional penalties for doping infractions that fall outside the WADA Code. The decision was rendered on Monday, April 30th 2012. Even thoug ...

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

01/03/2012 by Hilary Findlay
Introduction An interesting sport case has been playing itself out in the Supreme Court of Canada. The case highlights the importance of seemingly innocuous contract clauses which, in this case, can leave several parties vulnerable to a num ...

Tripped Up By Tape

25/01/2012 by Hilary Findlay
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 Andre Gallant, CEO of the YMCA of Cape Breton, for sending along the details of the case ...

Important Lessons for NSOs in Recent CAS Decision

17/10/2011 by Hilary Findlay
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 one of its most recent decisions rendered on October 4, 2011 (CAS 2011/0/2422 USOC v. IOC) ...
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