Superior Court Overturns Result of Youth Soccer Match
In an unusual
case, Justice Nordheimer of the Superior Court of Justice has
overturned the result of a youth soccer match.
The Cobras defeated the Strikers 2 – 1 in the semi-final
match of the Ontario Cup in the Under 16 Boys Tier 1 Division.
After the match, the Strikers alleged that the Cobras had
improperly used six players as "call-ups". The Ontario
Soccer Association ("OSA") sent notice of the Protest to
A few days later the Cobras received another email from the OSA
raising a new issue regarding the semi-final match. In particular,
the OSA was raising the eligibility issue of another one of the
Cobras' players, Tristan Borges.
As it turns out, all of the Cobras' players, including
Tristan, were properly rostered for the semi-final match. The
alleged improprieties resulted from administrative errors made
within the Soccer Association. All of this was made known to the
OSA before it rendered its decision on the Protest.
Notwithstanding that the Cobras had done nothing wrong, the OSA,
somehow, reached the conclusion that Tristan had been ineligible to
play in the semi-final match. They awarded the match to the
While the Cobras were in the process of trying to appeal the
OSA's decision, the Strikers went on to win the Ontario Cup
final, thus advancing to the National Cup.
When the Cobras were advised that there was no avenue of appeal,
they proceeded to the Superior Court for judicial review of the
After holding that the Superior Court had jurisdiction to review
the matter, and finding that the OSA "reached a conclusion
that finds no foundation in the evidence that was before it"
and that the OSA "has acted arbitrarily, and unfairly, changed
the result of a match and has done so for no apparently legitimate
reason", Justice Nordheimer restored the 2-1 semi-final
verdict in favour of the Cobras.
Since the final had already been played, and won, by the
Strikers, Justice Nordheimer awarded the Ontario Cup championship
and a berth in the National Cup to the Cobras, noting that the
Cobras "properly stand in the shoes of the Strikers".
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