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CoachRich

TSS Soccer Academy sues BCSA

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The interdependence of the PSO and academies doesn't seem to be a problem in OSA either as the http://www.academysoccer.ca are OSA members and run their own leagues and etc.

I don't think the situation in Ontario is quite as settled as you seem to think. While SAAC itself has been accepted as an Associate Member, I don't think any individual academies have yet applied for recognition or sanction by the OSA.

New policies to recognise Non-Club Academies were approved in February 2011 but provided little in way of benefits other than use of OSA referees and the ability to request permission to travel outside the province and to host exhibition games. However, playing against OSA club teams was not permitted.

I also felt that the administrative requirements and player fees were a little steep but I'm not sure if these were a concern to the academies.

I note that SAAC has submitted an RFD to the June 2012 OSA Board meeting to address some of their concerns. You can read the details by clicking on the RFD below.

RFD 2012-009

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BCSA lawyers have responded to TSS Civil Claim

http://www.bcsoccer.net/RotateNewsArticleView/tabid/243/articleType/ArticleView/articleId/1697/BC-Soccer-responds-to-notice-of-civil-claim.aspx

Dear BC Soccer Members,

BC Soccer has now filed its Response to the Notice of Civil Claim of the Plaintiffs, Sportstown BC Holdings Ltd. and Total Soccer Systems Inc., that we reported to you on May 16, 2012.

BC Soccer is providing you the above link to its Response to ensure utmost transparency and to enable you to understand our position on the allegations made by the Plaintiffs regarding BC Soccer’s operation of youth soccer programs.

Our association takes the mandate of its membership to govern affiliated soccer in BC very seriously and intends to vigorously defend the Plaintiffs’ attack on the BC Soccer Constitution, Bylaws, Rules and Regulations. BC Soccer considers the claim advanced by the Plaintiffs to be without merit and will take all available steps to have the claim dismissed expeditiously.

We appreciate your ongoing interest and support in this matter and will keep you apprised of our steps moving forward.

PDF of BCSA response

Edited by CoachRich

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I don't think the situation in Ontario is quite as settled as you seem to think. While SAAC itself has been accepted as an Associate Member, I don't think any individual academies have yet applied for recognition or sanction by the OSA.

New policies to recognise Non-Club Academies were approved in February 2011 but provided little in way of benefits other than use of OSA referees and the ability to request permission to travel outside the province and to host exhibition games. However, playing against OSA club teams was not permitted.

I also felt that the administrative requirements and player fees were a little steep but I'm not sure if these were a concern to the academies.

I note that SAAC has submitted an RFD to the June 2012 OSA Board meeting to address some of their concerns. You can read the details by clicking on the RFD below.

RFD 2012-009

"This past weekend, thirteen SAAC members have been officially approved as OSA Recognized Non-Club Academies (ORNCA)."

"The SAAC season will commence in April 2013, and for the first time ever will use referees that are officially sanctioned by the Ontario Soccer Association. As well, SAAC members will be able to compete in official exhibition games against Ontario club teams. SAAC Showcase teams (U15+) will also be eligible for selected Showcase Tournaments within the province.

An important feature of ORNCA designation is that full-time Academy players will now be eligible for Regional and Provincial teams. SAAC will support our membership and any players that are interested in pursuing this development pathway."

http://www.academysoccer.ca/?page=article&ID=493

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Guest ClaytonA

http://www.bcsoccer.net/news/post/judgement-and-reasons-of-the-supreme-court

http://www.bcsoccer.net/files/ArticleDocuments/Judge%20Sigurdson%20re%20Sportstown%20B%20C%20%20Holdings%20Ltd%20%20v%20%20British%20Columbia%20So%20%20%20.pdf

The judgment dismissed in their entirety all of the claims advanced by Sportstown/TSS against BC Soccer in the initial Notice of civil claim some 18 months ago on the grounds that the claims were bound to fail and determined that BC Soccer is entitled to some costs.

The judge granted leave to TSS to file an amended Notice of Civil Claim alleging that BC Soccer breached its contract with TSS. The contract between BC Soccer and TSS arises from TSS’s status as a member of BC Soccer and the terms of that contract are set out in the Bylaws and Rules. No facts to support the alleged breaches have been presented by TSS and the judge has therefore not ruled if the claims have any merit. TSS has the right to pursue and file a more specific amended civil claim in relation to the alleged ‘breaches of contract’ by BC Soccer at which time BC Soccer will consider and will have the right to respond accordingly.

QUOTE]

ie Because TSS has paid membership fees to BCSA there is an alledged contract breach tort, and TSS gets its day in court against BCSA with a new, different/seperate proceeding. So if the BCSA had refused any membership to TSS, the legal suit would not have been allowed to proceed to trial at all by this judge. From the judge's decision, it appears the claims lacked clarity.

The other allegations were not allowed to proceed since BCSA hasn't broken the law despite its behaviour. Playing soccer is a voluntary activity, BCSA breaking bylaws aren't laws in the legal sense of the term and alledged defamation done in private conversation is lawful, etc. The abuse of power tort allegation was interesting in that the BCSA was not considered the statutory authority for soccer in the province even though it is provincially funded and FIFA's representative. I guess there would have to be a provincial law specifying that all soccer players must register with the BCSA (like a doctor with the medical board) to play organized soccer for the claim to be to proceed. For the ability to contest provincials or nationals, play in another country (ie tournaments), get referees, probably prove insurance to use public/community owned fields etc you have to register with the BCSA though. Big hammer, ti almost might as well be a law for the voluntary activity (legally we aren't obligated to play soccer either) of soccer.

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Guest ClaytonA

http://www.tssacademy.com/member-info/news/182-lawsuit-update

...

TSS Academy is confident moving forward and is currently revising its claim to incorporate the approved amendments. “We were well aware going into this that, under law, some of our claims would likely get set aside. Unfortunately, not every wrong that is claimed has a remedy in the legal arena “ says Colin Elmes, Managing Director of TSS and Co-owner of Sportstown BC. “We feel that the crux of our case falls under breach of contract and we had, from the outset, wanted to pursue our relief along these lines. It was, back in May 2012, fairly clear to us that the case law in this area was not strong enough for such an approach. However, a very recent precedent was set in a case involving the BC Medical Association and this created a stronger angle for us to pursue”.

Mr. Justice Sigurdson, in his comments, has highlighted this: “I expect the new amendments probably set out the claim that the plaintiffs have always intended to bring – namely, a claim for breach of an alleged express or implied contract against the defendant society”.

...

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Guest ClaytonA
Vancouver Whitecaps.... for profit club, unless the BC soccer associaiton says all clubs must be not for profit ( and if the BC SA says that ... that is the suit TSS should file ) clubs can be incorporated as they wish in Ontario, and I suspect can be in any province in Canada. Amateur does not mean not for profit, hence you have Junior hockey in Canada.... run as a business.

TSS and any academy should apply to be a club with an incorporated corporation that is owned by the shareholders, not for profit only gives community clubs a way to not pay tax on the money they have in reserves, they pay .... payroll tax and HST etc and property tax etc.

one of these days, we will look back at something like this and say to ourselves "remember the old days, when our provincial associations actively tried to deny membership to organizations who were actually committed to meeting high standards, who were committed to developing high quality athletes and who only employed qualified coaches?" change is the only constant....soccer governing bodies need to embrace that motto.

We must end the practice of trying to protect one's "turf" because it gets in the way of developing the game of soccer. Competition is a good thing. Set standards, enforce them and then allow those that meet the standards be members. It is not that complicated

These two points sum up everything. Other sports like hockey do it, non-profit and for-profit still using community assets like ice rinks or soccer fields. What is the difference between a not-for-profit with paid employees and a for profit other than what tax you pay? From both legal entities, someone is earning income and either paying the corporate tax rate or income tax rate. Recruiting is bad when you're learning the game and is an issue; however, with the player registration monopoly in place you get less choice. What's the balance? Now you get only what the soccer club where you live provides whether it's good enough or not:

...

This could not happen as BCSA controls all their reg'ed players in their sanctioned events through Rule 5 and 14

http://www.bcsoccer.net/Portals/0/do... 23 - 2012.pdf

The important point is the word their...

If TSS is recruiting players who belong to other clubs to go to tournaments etc. its no wonder they have trouble getting permits, and indeed releases from the club the player is registered too. ...

This reminds me of TFC and the fact that with the franchise based sports we have in USA-Canada, it's the only Div 1 team that will probably ever be allowed in Southern Ontario. Whether TFC's good or not. Whether there's nepotism. Whether they are incompetent or not. It even to some degree doesn't matter how they treat people unless everyone agrees to (and actually does) boycott.

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