The Supreme Court of Canada in April of this year quashed a decision of the British Columbia Court of Appeal which had ordered a whole new trial in Mark Hamstra's suit against the B.C. Rugby Union, his former coach and the Langley School Board. It may be worthwhile to revisit the Hamstra decision in … [Read more...] about What is the Standard in the Standard of Care?
by Rachel Corbett. I have been asked by the organizers of this symposium to provide a session on how to translate the many legal principles which are being discussed today into practical policies and procedures for you to use in your daily work with your sport organizations. During the … [Read more...] about Getting Your Policies in Order
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 of risk management. Organizers of sport programs (including coaches) have two obligations: one, to ensure a safe environment and two, to ensure … [Read more...] about Fair Treatment
Sport associations are using contracts more and more frequently, not only in business affairs but also in areas of employment and programming. For example, coaches sign employment contracts; athletes sign participation contracts with the sport association as well as with major Games organizations; … [Read more...] about Some Basics on Contracts
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 the coach should be intimately involved in the selection of athletes and should have great discretion in making selection decisions. After all, the … [Read more...] about The Coach and the Selection Process
In the last issue we explained how contributory negligence was one defense against liability for negligence. "Waiver of liability agreements" (commonly referred to as "waivers") are another type of defense. Waivers are common in sport programs and facilities. Like insurance, waivers are a risk … [Read more...] about Waivers – A Risk Management Technique