Published By
SafeSport Direct
Date
Updated April 2026
Document Type
Public Source Governance & Accountability Report
Organizations like Curling Nova Scotia are failing to show basic transparency. They have become victims of a fear to act, driven by old politics and weak leadership. When boards prioritize protecting their public image over protecting participants, the athletes suffer.
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On this public source scan, failure to act litigation is materially more common and financially more severe than overreaction litigation in Canadian sport. Governing boards frequently claim they are afraid of the legal repercussions of acting "too quickly" against a coach or official. However, the data proves the opposite. We identified at least 10 public court proceedings on the failure to act side versus only 2 on the overreaction side. The courts are actively punishing organizations that sweep maltreatment under the rug to protect their PR.
This report compares two litigation patterns in Canadian amateur sports:
Using a public source scan updated for April 2026, we identified at least 2 public court proceedings in the overreaction category and at least 10 public court proceedings in the failure to act category. On a distinct top level organization or league basis, the comparison is at least 2 versus at least 9.
The pattern is undeniable. The heaviest Canadian litigation exposure is on the failure to act side. In practical terms, the largest legal and moral risk is not that organizations are too aggressive when responding to maltreatment. The largest risk is that they respond too slowly, too weakly, or actively cover it up to protect the institution.
The federal safe sport framework has tightened. The Government of Canada states that maltreatment is unacceptable in sport and that the Canadian Safe Sport Program (CSSP) is the independent third party mechanism for federally funded national sport organizations. The Universal Code of Conduct to Prevent and Address Maltreatment in Sport (UCCMS) Version 7.0 is actively in effect.
That context matters for boards. Expectations are now higher in both directions: protect participants quickly, and use a defensible process when allegations are reported. When a board refuses to acknowledge the reality on the ground, the system is perverted, and ethical professionals and innocent athletes become the cost.
| Metric | Overreaction | Failure to Act | SafeSport Direct Reading |
|---|---|---|---|
| Public court proceedings | 2 | 10 | Failure to act proceedings are 5 times higher. |
| Distinct top level organizations | 2 | 9 | Even after removing duplicates, failure to act exposure is undeniably the primary legal threat. |
| Proceeding | Organization | Why it fits this category | Status / Board Note |
|---|---|---|---|
| Paterson v. Skate Canada, 2004 ABQB 969 | Skate Canada | Two figure skating coaches challenged Skate Canada's handling of complaints and the refusal to permit cross examination. | Clear example of litigation exposure on the process side of complaint handling. |
| Milkovich v. Field Hockey Canada | Field Hockey Canada | After complaints that the coach had been verbally abusive and encouraged underage drinking, they terminated the coach. He challenged the dismissal. | The parties later ended the litigation, with the organization stating the departure had been without cause. |
| Proceeding | Organization(s) | Status / Board Note |
|---|---|---|
| A.B. v. Sail Canada et al. (Filed Sept 2025) | Sail Canada, Sail Nova Scotia | ACTIVE. An athlete filed a $9 million lawsuit alleging governing bodies executed a "coordinated plan not to report" an assault to OSIC. |
| Isaac et al. v. Canada Artistic Swimming | Canada Artistic Swimming | SETTLED. Former athletes alleged systemic maltreatment and a failure to protect athletes. Awaiting final court approval in May 2026. |
| Cline v. Gymnastics Canada et al. | Gymnastics Canada and provincial bodies | ACTIVE. Certification hearing scheduled for October 2027. Alleges bodies permitted conditions for physical and psychological abuse. |
| Latulippe / QMJHL Hazing Class Action | QMJHL; its teams; CHL | ACTIVE. A current, massive example of exposure for alleged systemic inaction and cover ups regarding hazing. |
| Water Polo Canada Lawsuit | Water Polo Canada | ACTIVE. Former athletes alleged a toxic culture and repeated organizational failures to intervene. |
| Forsyth v. Alpine Canada | Alpine Canada | SETTLED. Alpine Canada publicly acknowledged it should have done more to investigate the coach's history. |
1. The heavier legal exposure is on the under response side. Failing to act, failing to escalate, or coordinating cover ups creates the absolute largest litigation and reputation risk in Canadian sport.
2. The governance target is simple: Act early, act independently, and act fairly. Separate safety decision making from performance pressure, sponsor pressure, or board PR.
3. Accountability is coming. When a board refuses to acknowledge the vulnerabilities in their system, they pervert the very nature of sport.
As the founder of SafeSport Direct, I have witnessed this firsthand. When you stand up to a boardroom that wants to protect perpetrators instead of athletes, you become the cost. But you cannot fix a broken system from inside a boardroom that refuses to look at the reality on the ground.
That is why we are bypassing them entirely.
If your organization lacks independent reporting protocols, transparent oversight, and objective policy enforcement, you are operating on borrowed time. SafeSport Direct is building the technology to put psychological safety and direct oversight back into the hands of the athletes, the parents, and the ethical staff who refuse to stay quiet.