CITATION: The Canadian Football League Players’ Assn. v. The Hamilton Tiger Cat Football Club (2003) Corp., 2013 ONSC 6063
DIVISIONAL COURT FILE NO.: 425/13
DATE: 20130925
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
THE CANADIAN FOOTBALL LEAGUE PLAYERS’ ASSOCIATION
Applicant
– and –
THE HAMILTON TIGER CAT FOOTBALL CLUB (2003) CORP.
Respondent
Chris G. Paliare and Kristian Borg-Olivier, for the Applicant
Stephen J. Shamie and Mitchell R. Smith, for the Respondent
HEARD at Toronto: September 25, 2013
pardu j. (ORALLY)
[1] The CFLPA brings this application on an urgent basis for judicial review of an Arbitrator’s decision declaring that he was functus and refusing to make a decision in accordance with the reasons of this Court quashing his earlier decision on the ground that it was unreasonable.
[2] The applicant submits that the players in question, Chris Williams, would be prejudiced if time were allowed to pass. The CFL season will soon be over and any decision would be moot.
[3] The Hamilton Tiger Cats have served a Notice of Appeal from my decision quashing the Arbitrator’s ruling. The Club argues that it would be premature to order the Arbitrator to make an order in accordance with my decision when the application for leave has not yet been heard. They submit that there should be a stable basis for the appeal which should not be undermined by subsequent orders dealing with related matters. They have just been served with this application for judicial review and submit that it should proceed in the usual course. The Club has not applied for a stay of my ruling.
[4] The second application for judicial review raises legal issues only. There are no material facts in dispute. I am satisfied that the respondent is not prejudiced by short service.
[5] The effect of my decision that there was no reasonable basis upon which the letter sent by the Club to the Player could be construed as an exercise of the option to require him to play a third year, is that the player was a free agent. The player is now left in a legal limbo as a result of the refusal of the Arbitrator to issue a ruling in accordance with my reasons.
[6] I am not satisfied that I have the jurisdiction to issue a declaration to the effect that the Player is a free agent.
[7] The respondent has not yet filed anything on the appeal other than a Notice of Motion seeking leave. If I decide that the matter should be remitted back to the Arbitrator for decision on the ground that he is not functus, the respondent may easily add this to his motion for leave to appeal and this would end the legal limbo suffered by the Player, subject to any stay application by the respondent. This would merely give effect to my earlier decision and in that sense, the respondent would suffer no prejudice.
[8] Leave granted to abridge the time for service of this application. Declaration to issue that the Arbitrator Palmer is not functus. Order to issue remitting the matter back to him for decision on the basis that the Club did not validly exercise the option to require Chris Williams to play a third year.
COSTS
[9] I have endorsed the back of the Application Record, “Time for filing this application abridged. Declaration to issue that Arbitrator Palmer is not functus. Order to issue remitting matter to Palmer for decision on the grievance on the basis that the Club did not validly exercise the option to require Chris Williams to play a third year. Arbitrator to render decision within 15 days. No costs, because of short service of this application for judicial review.”
PARDU J.
Date of Reasons for Judgment: September 25, 2013
Date of Release: September 30, 2013
CITATION: The Canadian Football League Players’ Assn. v. The Hamilton Tiger Cat Football Club (2003) Corp., 2013 ONSC 6063
DIVISIONAL COURT FILE NO.: 425/13
DATE: 20130925
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
PARDU J.
BETWEEN:
THE CANADIAN FOOTBALL LEAGUE PLAYERS’ ASSOCIATION
Applicant
– and –
THE HAMILTON TIGER CAT FOOTBALL CLUB (2003) CORP.
Respondent
ORAL REASONS FOR JUDGMENT
PARDU J.
Date of Reasons for Judgment: September 25, 2013
Date of Release: September 30, 2013