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CED: an Overview of the Law CED: An Overview of the Law Sports Notes for V.1-7: Professional Sports V.1: Ownership, Financing and Management of Teams FN1. 820099 Ontario Inc. v. Harold E. Ballard Ltd. (1991), 1991 CarswellOnt 142 (Ont. Gen. Div.); affirmed (1991), 1991 CarswellOnt 141 (Ont. Div. Ct.); Ballard Estate v. Ballard Estate (1991), 1991 CarswellOnt 533 (Ont. C.A.); leave to appeal refused (1991), 137 N.R. 385 (note) (S.C.C.); Ontario (Attorney General) v. Ballard Estate (1994), 1994 CarswellOnt 669 (Ont. Gen. Div. [Commercial List]); Tedesco, Offside: The Battle for Control of Maple Leaf Gardens (1996); Barnes, The Law of Hockey (2010), pp. 280-289 (generally on the ownership of teams); see also Toronto Hockey Club v. Arena Gardens of Toronto Ltd. (1926), 1926 CarswellOnt 60 (Ontario P.C.) (early case on transfer of team contracts). FN2. Primex Investments Ltd. v. Northwest Sports Enterprises Ltd. (1995), 1995 CarswellBC 958 (B.C. S.C. [In Chambers]); reversed (1996), 1996 CarswellBC 2505 (B.C. C.A.); leave to appeal refused (1997), 215 N.R. 399 (note) (S.C.C.) (ownership of Vancouver Canucks and Grizzlies; alleged taking of corporate opportunity); Blue Line Hockey Acquisition Co. v. Orca Bay Hockey Ltd. Partnership (2008), 2008 CarswellBC 36 (B.C. S.C.); affirmed (2009), 2009 CarswellBC 177 (B.C. C.A.); leave to appeal refused (2009), 2009 CarswellBC 1861 (S.C.C.) (no partnership, joint venture or fiduciary duties). FN3. National Capital Region, Ottawa Rough Riders Professional Football Club Ltd., Re (1995), 1995 CarswellOnt 56 (Ont. Bktcy.) (court approval of sale); Hussey Seating Co. (Canada) Ltd. v. Ottawa (City) (1997), 1997 CarswellOnt 1128 (Ont. Gen. Div.); additional reasons at (1997), 1997 CarswellOnt 1513 (Ont. Gen. Div.); affirmed (1998), 1998 CarswellOnt 4449 (Ont. C.A.) (contractor not paid for improvements to stadium owned by city); see also Skydome Corp., Re (1998), 1998 CarswellOnt 5914 (Ont. Gen. Div. [Commercial List]); Ottawa Senators Hockey Club Corp., Re (2005), 2005 CarswellOnt 8 (Ont. C.A.) (Crown priorities). FN4. Guelph Centre Partners Inc. v. Guelph Storm Ltd. (2005), 2005 CarswellOnt 467 (Ont. S.C.J.); additional reasons at (2005), 2005 CarswellOnt 466 (Ont. S.C.J.); affirmed (2005), 2005 CarswellOnt 7260 (Ont. C.A.) (order to produce due diligence materials prior to purchase at agreed price). CED: An Overview of the Law FN5. Oland Breweries Ltd. v. Trade Centre Ltd. (1984), 1984 CarswellNS 119 (N.S. T.D.) (renewal of contract relating to signs in arena); Gameday Publication(s) Ltd. v. Keystone Agricultural & Recreational Centre Inc. (1999), 1999 CarswellMan 69 (Man. C.A.) (arena owner granted injunction to prevent distribution of rival magazine); Magellan Entertainment Group (Ontario) Inc. v. Global Media Corp. (1999), 1999 CarswellOnt 2727 (Ont. S.C.J.) (race promoter unsuccessful in recovering additional funds from advertisers and sponsors; promoter in breach of contract as to location of signage); Ritchie v. Edmonton Eskimo Football Club (2002), 2002 CarswellAlta 1591 (Alta. Q.B.) (catering contract); Ice Gardens at York University Inc. v. Parmalat Dairy & Bakery Inc. (2004), 2004 CarswellOnt 1010 (Ont. S.C.J.) (arena's entitlement to payment under naming rights sponsorship contract); Barber v. Vrozos (2010), 2010 CarswellOnt 6414 (Ont. C.A.); additional reasons at (2010), 2010 CarswellOnt 7724 (Ont. C.A.) (merchandising rights; contract to supply water to concert); Cie du centre de divertissement du Forum/Forum Entertainment Center Co. c. Société du groupe d'embouteillage Pepsi (Canada)/Pepsi Bottling Group (Canada) Co. (2010), 2010 CarswellQue 9679 (Que. C.A.) (payments under sponsorship contract; class of tenants at centre); Canadian Soccer Assn. v. Hyundai Auto Canada Corp. (2011), 2011 CarswellOnt 897 (Ont. S.C.J.); affirmed (2011), 2011 CarswellOnt 12269 (Ont. C.A.) (breach of sponsorship contract); Labatt Brewing Co. v. NHL Enterprises Canada L.P. (2011), 2011 CarswellOnt 4289 (Ont. S.C.J. [Commercial List]); reversed (2011), 2011 CarswellOnt 6140 (Ont. C.A.) (renewal of sponsorship rights). FN6. Basa Systems Group Inc. v. Lukowich (2002), 2002 CarswellAlta 298 (Alta. Master) (summary judgment in favour of purchaser of franchise in planned curling league; purchaser dealing with individuals rather than company); see also Trade Marks and Industrial Designs. FN7. Toronto Blue Jays Baseball Club v. Ontario (Minister of Finance) (2005), 2005 CarswellOnt 504 (Ont. C.A.); leave to appeal refused (2005), 2005 CarswellOnt 4534 (S.C.C.) (team denied relief under provincial Employer Health Tax Act and required to pay health tax on full amount of players' remuneration, including salaries paid for away games); Stapley v. R. (2006), 2006 CarswellNat 1409 (F.C.A.) (50 per cent deduction for entertainment expenses); Friends of Lansdowne Inc. v. Ottawa (City) (2011), 2011 CarswellOnt 7795 (Ont. S.C.J.) (no illegality or bad faith in city's project to redevelop park, stadium and arena); Silver, Thin Ice: Money, Politics and the Demise of an NHL Franchise (1996); Barnes, Sports and the Law in Canada, 3rd ed. (1996), pp. 107-128 (sports business); Barnes, The Law of Hockey (2010), pp. 297-304; Standing Committee on Canadian Heritage, Sub-Committee on the Study of Sport in Canada, Sport in Canada: Everybody's Business (House of Commons Canada, November 1998) (proposed "Sport Pact" consisting of tax credits to assist Canadian professional teams); Whitson, Harvey and Lavoie, The Mills Report, the Manley Subsidy Proposals, and the Business of Major-League CED: An Overview of the Law Sport (2000), 43 Canadian Public Administration 127; Cheffins, Sports Teams and the Stock Market: A Winning Match? (1998), 32 U.B.C.L. Rev. 270; Brean and Forgione, Missing the Net: The Law and Economics of Alberta's NHL Players Tax (2003), 41 Alta. L.Rev. 425 (subsidy of NHL teams under Alberta Personal Income Tax Amendment Act, 2002); Lavitt, The Alberta NHL Player Tax: The Jock Tax Comes to Alberta — or Does It? (2004), 52 Can. Tax J. 514; Pogroszewski, Is Canada Overstepping its Borders? The Alberta Province Tax Specifically Targets Professional Hockey Players in Order to help Finance its professional Franchises (2004), 14 Marquette Sports L. Rev. 509. FN8. Gilbert v. Toronto (Metropolitan) (1985), 1985 CarswellOnt 672 (Ont. Div. Ct.) (grants for domed stadium); Victoria Sports/Entertainment Associates v. Toronto Dominion Bank (2006), 2006 CarswellBC 2395 (B.C. S.C.) (loans for construction of facility were conditional on guarantees by the province or similar security); Dolan v. Moose Jaw (City) (2008), 2008 CarswellSask 874 (Sask. C.A.) (no obligation to hold further referendum following increase in costs of project; residents may apply to quash resolution by city council); see also Ottawa- Carleton (Regional Municipality) Official Plan Amendment 8, Re (1991), 26 O.M.B.R. 132 (O.M.B.) (development of "Palladium"). FN9. Edmonton Northlands v. Edmonton Oilers Hockey Corp. (1993), 1993 CarswellAlta 224 (Alta. Q.B.); affirmed (1994), 1994 CarswellAlta 45 (Alta. C.A.) (dispute over arena lease and possible relocation of team); Ottawa Rough Riders Inc. v. Ottawa (City) (1995), 1995 CarswellOnt 1329 (Ont. Gen. Div.). V.2: Sports Broadcasting FN1. Canadian Admiral Corp. v. Rediffusion Inc. (1954), 1954 CarswellNat 5 (Can. Ex. Ct.); FWS Joint Sports Claimants v. Canada (Copyright Board) (1991), 1991 CarswellNat 157 (Fed. C.A.); leave to appeal refused (1992), 1992 CarswellNat 1624 (S.C.C.) (copyright royalties); Canadian Cable Television Assn. - Assoc. canadienne de télévision par câble v. American College Sports Collective of Canada Inc. (1991), 1991 CarswellNat 360 (Fed. C.A.) (copyright royalties); Titan Sports Inc. v. Mansion House (Toronto) Ltd. (1989), 1989 CarswellNat 551 (Fed. T.D.) (order against taverns descrambling broadcasts of wrestling promotion); NFL Enterprises L.P. v. 1019491 Ontario Ltd. (1998), 1998 CarswellNat 1438 (Fed. C.A.) (injunction against three taverns showing broadcasts); Interbox Promotion Corp. c. 9012-4314 Québec Inc. (2003), 2003 CarswellNat 3347 (F.C.) (producer of boxing match awarded damages against licensed establishments); Setana Sport Ltd. v. 2049630 Ontario Inc. (2007), 2007 CarswellNat 2882 (F.C.) (evidence as to copyright defective; injunction refused); Blais, The Protection of Exclusive CED: An Overview of the Law Television Rights to Sporting Events Held in Public Venues: An Overview of the Law in Australia and Canada (1992), 18 Melb. U.L. Rev. 503; see also Copyright. FN2. Jets Hockey Ventures v. Molson Breweries of Canada Ltd. (1989), 1989 CarswellMan 312 (Man. Q.B.); varied (1990), 1990 CarswellMan 409 (Man. C.A.) (team's blackout rights retained when broadcasting rights sold); Setanta Sports NA Ltd. v. Score Television Network Ltd. (2009), 2009 CarswellOnt 4584 (Ont. S.C.J.) (injunction to prevent termination of rights). FN3. National Hockey League v. Pepsi-Cola Canada Ltd. (1992), 1992 CarswellBC 215 (B.C. S.C.); affirmed (1995), 1995 CarswellBC 14 (B.C. C.A.) (spoof advertisement; unsuccessful allegation of ambush marketing and infringement of property rights); Coca-Cola Ltd. v. Sports Network (1992), 1992 CarswellOnt 753 (Ont. Gen. Div.) (dispute over network's failure to renew advertising contract). V.3: The Competition Act FN1. Competition Act [title re-en. R.S.C. 1985, c. 19 (2nd Supp.), s. 19], R.S.C. 1985, c. C-34, s. 48; Yashin v. National Hockey League (2000), 2000 CarswellOnt 3278 (Ont. S.C.J.) (Competition Act, s. 4(1), not allowing use of s. 48 to set aside collective agreement; s. 4(1)(a) excluding from application of Act "combinations or activities of workmen or employees for their own reasonable protection as such workmen or employees"); Barnes, The Law of Hockey (2010), pp. 320-332; see also Barnes, Sports and the Law in Canada, 3rd ed. (1996), pp. 129-136; Ross, The NHL Labour Dispute and the Common Law, the Competition Act, and Public Policy (2004), 37 U.B.C.L. Rev. 343; see also Trade and Commerce and Foreign Investment in Canada.
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