Appeal Decision

In the event that there is a discrepancy between the information presented on this page, and that which is found in the published PDF version of the policy / guidelines, the process outlined in the published PDF documents will take precedence.

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Appeal decision

1. The Appellant must demonstrate, on a balance of probabilities, that the PSO/MSO or the Mediator/Arbitrator, as applicable, made an error as described in the Grounds for Appeal section of this policy and that this error had a material effect on the decision or decision-maker.

2. The Appeal Arbitrator shall issue its decision, in writing and with reasons, within fourteen (14) working days after the hearing’s conclusion. In making its decision, the Appeal Arbitrator will have no greater authority than that of the original decision-maker. The Appeal Arbitrator may decide to:

a) reject the Appeal and confirm the decision being appealed;

b) uphold the Appeal and refer the matter back to the initial decision-maker for a new decision; or

c) uphold the appeal and vary the decision.

3. In extraordinary circumstances, the Appeal Arbitrator may also determine whether costs of the Appeal will be assessed against any Party. In assessing costs, the Appeal Arbitrator will consider the outcome of the Appeal, the conduct of the Parties, and the Parties’ respective financial resources.

4. The Appeal Arbitrator’s written decision, with reasons, will be distributed to all Parties, the Appeal Manager, and the PSO/MSO, as applicable.

5. In extraordinary circumstances, the Appeal Arbitrator may first issue a verbal or summary decision soon after the hearing’s conclusion, with the full written decision to be issued thereafter.

TIMELINES

1. If the circumstances of the Appeal are such that adhering to the timelines outlined by this policy will not allow a timely resolution to the Appeal, the Appeal Manager and/or Appeal Arbitrator may direct that these timelines be revised.

CONFIDENTIALITY

1. The Appeal process is confidential and involves only the Parties, the PSO/MSO, the Appeal Manager, the Appeal Arbitrator, and any independent advisors to the Appeal Arbitrator. Once initiated and until a final Appeal decision is released, none of the Parties (or their representatives or witnesses) will disclose confidential information relating to the Appeal to any person not involved in the proceedings, unless the PSO/MSO is required to notify an organization such as an international federation, Sport Canada or other sport organization or notification is otherwise required by law.

2. None of the Parties (or their representatives or witnesses) or organizations referred to in Section L.1 will disclose confidential information relating to the Appeal to any person not involved in the proceedings, unless the PSO/MSO is required to notify an organization such as an NSO or other sport organization, or notification is otherwise required by law.

3. Any failure to respect the confidentiality requirement may result in further sanctions or discipline by the Appeal Arbitrator.

Revised January 2024