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UNIVERSITY OF TORONTO FACULTY OF LAW Y R -CD A R CD B W LI _Co\J A L -T— N 'CD KI S A -T— A L -CD R -I''- O B SPORTS LAW: CO GORDON I. KIRKE, Q.C. SPORTS LAW 2006 FACULTY OF LAW UNIVERSITY OF TORONTO S 1> () R T S LA VV A C K N () VV L E 1) G E M E N T 1 appreciate the kind assistance of Lisa Novak, Suzanne Lobo and Douglas Hood in preparing these materials. In addition, my thanks go to Gary Roberts, Dean at Tulane Law School, for sharing his informative notes with me and other members of the Sports Lawyers Association. The copyright in the Notes belong to Gary Roberts. Gordon I. Kirke, Q.C. August, 2006 Digitized by the Internet Archive in 2018 with funding from University of Toronto https://archive.org/details/sportslaw00kirk_3 INDEX TO SPORTS LAYV MATERIALS PAGE Standard Player Contract and Collective Agreements A. Introductory Notes 1-] B. Standard Player Contracts ( ) Baseball: The American League 1-3 1 (ii) Canadian Football League 1-9 C. Collective Bargaining Agreements National Hockey League - Excerpts (previous Edition) 1-18 ( ) Canadian Football League - Collective Agreement 1-54 1 - Excerpts (ii) Brown vs. Pro Football Inc. 1-66 (iv) The American League and The National League of 1-68 Professional Baseball Clubs and The Toronto Blue Jays Baseball Club (v) Notes 1-73 D. Incentive Clauses (i) National Football League 1-78 E. Assignment of Contracts (i) Washington Capitols Basketball Club Inc. v. Barry 1-83 (ii) Notes 1-95 F. Termination of Contracts (i) Termination by Club: Nelson v. Vancouver Hockey 1-96 Club (ii) Termination by Player: Alabama Football Inc. v. 1-108 Greenwood G. Entitlement in Event of Injury (i) Excerpts from a Summary of Termination due to 1-118 Injury Arbitrations (ii) Robitadle v. Vancouver Hockey Club 1-125 H. Avoidance Due to Age (i) Toronto Marlboro Major Junior “A ” Hockey Club 1-144 et al. Arbitration A. Collective Bargaining Agreements - Arbitration (i) National Hockey League 2-1 (ii) Canadian Hockey League 2-16 B. Article: “The Role of Salary Arbitration in Baseball” 2-24 C. Sports Law: How Conflicts Between Players and Management 2-30 Are Resolved In the Courts and At The Bargaining Table D. Notes 2-40 Immoral Conduct in Sports A. Drug Use (i) Baseball (a) MLB Drug Policy Prevention Program, 1997 3-1 (b) MLB Drug Prevention Program, 2002 3-7 (c) Article : National Pastime Altered By Drugs 3-21 (ii) Basketball (a) NBA Anti-Drug Program 3-23 (in) Football (a) NFL Policy and Program for Substance Abuse 3-44 ) Amateur Spoils (IV (a) Notes on Drug Testing in Canadian Amateur Sports 3-46 (b) Article: “Hill vs. NCAA: Drug Testing Goes to the State Supreme Court” 3-49 (v) Canadian Policy (a) Article: “Law and Athlete Drug Testing in Canada” 3-53 (b) Canadian Policy on Doping in Sport 3-94 (c) Media Release: World Anti Doping Code Endorsed by CCES 3-102 (d) CCES Doping Control Program Testing Results 3-108 (e) Notes 3-115 B. Gambling (i) Excerpt from the NBPA Constitution 3-116 (ii) Molinas v. National Basketball Assoc. 3-117 (iii) Settlement Agreement and Stipulation of Dismissal for Pete Rose 3-120 C. Harassment and Discrimination (i) Article: “Student Subjected to Hostility Files Lawsuit Over Hazing” 3-123 (ii) Article: “Athletes Abusing Athletes” 3-126 (iii) Harassment and Abuse in Sports - Excerpts from “Players First”: A Report for the Canadian Hockey League by Gordon I. Kirke, Q.C. 3-129 (iv) Sexual Harassment: Female Athletes’ Experiences and Coaches’ Responsibilities 3-138 (v) PGA v. Martin 3-143 (vi) Notes 3-147 Discipline and Judicial Review (1) Article: “Reynolds v. International Amateur Athletic Federation: The Need For an Independent Tribunal in International Athletic Disputes” 4-1 (li) Vancouver Hockey Club Ltd. v. 8 Hockey Ventures Inc. 4-22 dii) Article: “Wrestler Lindland gets to Sydney via Supreme Court” 4-32 (iv) Woodbridge Soccer Club v. Ontario Soccer Assn. 4-35 (v) Notes 4-43 Violence in Sports (i) Sports Injuries: Criminal and Civil Liability 5-1 ( ) The Queen v. Ciccarelli 5-36 11 (iii) Article: “Tough Sentence Warning to Player” 5-46 (iv) R. v. McSorley 5-47 (v) Notes 5-50 Inducing Breach of Contract (i) Greig v. World Series Cricket 6-1 (ii) Article: “Russians Take Offensive in War of Words with NHL” 6-23 (hi) Potechin v. Yashin et al 6-25 Remedies for Breach of Contract (i) Article: “Damning with Fullsome Praise” 7-1 (ii) The Dan Ainge Contract 7-14 (in) Detroit Football Company v. Dublinski (OHC) [Headnote only] 7-21 (iv) Detroit Football Company v. Ditblinski (OCA) 7-23 11 leadnote only] (v) Note 7-24 Restraint of Trade A. Common Law (i) Nagle v. Feilden 8-1 (ii) Greig v. World Series Cricket 8-5 (in) Article: “Restraint of Trade: Breathing New Life into an Old Legal Doctrine 8-15 (iv) Note 8-19 B. International (i) Union Royale Beige des Societes de Football Association et al v. Jean Marc Bosman 8-20 C. Anti-Trust Issues and Collective Bargaining (i) Competition Act [updated] 8-47 (ii) Flood v. Kuhn 8-48 (in) Article: “Partial Repeal of Major League Baseball’s Antitrust Exemption is Enacted” 8-64 (iv) Article: “Baseball’s Antitrust Exemption Q&A” 8-68 (v) Notes 8-72 D. Canadian Junior Hockey (i) Hebert v. Shawinigan 8-73 (ii) Greenlaw v. Ontario Major Junior Hockey League 8-76 (in) Notes 8-78 E. Limits on the Granting and Movement of Franchises (i) Introductory Notes 8-79 (ii) Levin v. National Basketball Assoc. 8-80 (iii) Los Angeles Memorial Coliseum Commission v. 8-83 National Football League v. Oakland Raiders (iv) City of Oakland v. Oakland Raiders 8-101 (v) Edmonton Northlands v. Edmonton Oilers 8-105 [Headnote only] (vi) Article: “Oilers Gamer Enough Resources 8-106 to Survive” (vii) Article: “Unilateral Contraction by MLB Owners is 8-107 Protected by MLB’s Long Standing Anitrust Exemption - Not Any More” (viii) Metropolitan Sports Facilities Commission v. 8-115 Minnesota Twins Partnership [Summary] (ix) Article: “MLB Postpones Contraction Until 2003” 8-117 Player’s Agent (i) Introduction Notes 9-1 Warren v. Mendy 9-6 (11) (iii) Article: “The Need to Regulate Sports Agents” 9-8 (iv) Article: “Judge Doty Holds NFL Players Agents are 9-32 Subject to the Collective Bargaining Agreement” (v) The Standard Representation Agreement between 9-34 NFLPA Contract Advisors and Players (VI) Uniform Athletes Agent Act (UAAA) 9-36 (vii) Uniform Athlete Agents Act History and Status 9-63 (viii) Article: “Agent Legislation has National Momentum” 9-66 (ix) Article: “The Sports Attorney as Business Manager” 9-68 (x) Notes 9-71 (XI) Article: “How to Get Them to Show You the Money” 9-75