The lawsuit launched by the Richmond-based soccer academy Total Soccer Systems Inc. (TSS) against the BC Soccer Association (BCSA) has been dealt a blow. The Honourable Mr. Justice Sigurdson, in releasing his Reasons for Judgement regarding the TSS civil claim on November 5th, 2013, dismissed the claims as submitted by TSS on the grounds that they were "bound to fail" and ruled that "BC Soccer is entitled to some costs".
TSS filed the civil action against the BCSA because TSS has not been granted full membership by the BCSA and as a result TSS claims that because of the limited membership and various partnerships between the BCSA and various other entities including the Vancouver Whitecaps, the BCSA was unfairly stymieing competition, thus erecting an "unfair barrier to its (TSS) business."
TSS has retained the right in this case to submit and pursue a more specific and amended civil claim and a statement on the TSS website states that they are "currently revising its claim to incorporate the improved amendments". TSS Managing Director Colin Elmes cited a lack of supporting case law in British Columbia when the initial claim was filed, which prevented TSS from seeking relief for breach of contract by the BCSA, but a recent precedent involving the BC Medical Association has "created a stronger angle for us (TSS) to pursue" and that "TSS is confident moving forward".
86Forever will continue to update this case as it develops.
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