Recreation, Sport and the Law

1
Recreation, Sport and the Law

• Big business professional and amateur
• Mass participation young and old
• Excitement of risk, competition

2
Sources of Canadian Law

• Statutes made by Legislatures
• e.g., Charter of Rights and Freedoms
• Court cases set precedent
• e.g., Blainey v. Minor Hockey Association

3
Case Delaney v Cascade

• River rafting trip, tragic accident
• Wife sued
• No criminal activity
• Why sue?

4
Criminal, Tort and Contract Law

• Criminal Code of Canada
• Intentional, serious offense against society
• Tort Law injurious conduct
• A social wrong causing damage
• Contract Law legal relationship

5
Tort Law

• Intentional Tort
• Defamation
• Assault and battery
• Unintentional Tort
• Negligence
• Liability

6
Negligence(Case Ryan v. City of Victoria)

• Duty of Care
• Standard of Care
• Breach of the Standard
• Cause injury or damage
• Therefore liable

7
Liability in Recreation and Sport?

• Excitement danger risk
• Expert leader
• Children
• Mass popularity
• Occupier Liability
• Some circumstances alcohol, water

8
Case Crocker v Sundance Resort

• Drinking at tube snow race
• Serious injury
• Was the resort liable?
• How could the resort defend itself?

9
Defenses for Negligence(e.g., ski hill business)

• Contributory negligence
• Voluntary assumption of risk
• Canada different from U.S.
• Reach the standard of care
• Risk management

10
Defenses for Negligence contd

• Waiver of rights
• Canada different from U.S.

11
B.C. River Rafting industry

• High standards of care
• Enforced
• Training of staff - certification

12
Contract law

• Exchange of promises
• Offer and acceptance
• Consideration
• Legality

13
Case Kelly v. Cdn Speed Skating Association

• Kelly trying to qualify for Olympic team
• Change of rules to qualify
• Kelly did not qualify
• Did Kelly have resource?