Law Times

lAw Times • April 20, 2009 FOCUS Preparing for Vancouver Games 2010 code that includes clarifica- tions and improvements in time for the 2010 Olympic Games in Vancouver. The revisions, which came into effect this year, put more onus on athletic organizations to demon- strate that their rules and proce- dures are fair and equitable when rendering a decision that affects an individual athlete. Most matters that are heard by the SDRCC in the months leading up to an Olympic Games event are selection challenges wherein athletes who don't make the cut on a team can contest their respective organization's decision. Athletes and organizations re- ceive a consultation with one of a roster of lawyers who have signed up to be available to assess a mat- ter for a modest fee paid by the SDRCC; many of the lawyers are former athletes themselves. "It's really an access to justice issue," says John Curtis, a Kings- ton lawyer and certified media- tor who represented Canada in the sailing events at the Athens Olympics in 2004. "Athletes typ- ically do not have a lot of money so this is a streamlined process that's simple and specially de- signed for them." Since enlisting with the centre, Curtis has represented athletic or- ganizations rather than individual athletes. That is largely due to the "luck of the draw," although at his sole practice he has established a focus on assisting organizations with a gamut of administrative matters such as drafting bylaws, governance, and policy. Yet he acknowledges that for athletes and organizations, the wheels of justice through the centre move at lightening speed, which is necessary when a dispute arises before a major event such as an Olympics. "Time can be of the essence," he points out. "It's like a mini- small claims court for athletes, coaches, and organizations." The process is also practical. "The neat thing is that although the centre is based in Montreal, parties don't have to appear in per- son. A lot of hearings are handled over the phone, documents are transferred electronically. They have a fantastically efficient staff there," says Curtis. "So the fact that everything can be done with e-mail and over the phone, it's practical for athletes who are often travelling all over the world or training in Vancou- ver." He says for one matter he handled last summer representing Equine Canada prior to the Bei- jing Games, a hearing by phone was convened quickly and lasted late into the evening, with wit- nesses testifying by phone from as far away as Germany. "It'd be highly unlikely you'd get a judge to stay up until 11 o'clock to do a hearing over the phone," he jokes. Ultimately the female rider www.lawtimesnews.com Dispute forum for athletes gets new code T BY DARYL-LYNN CARLSON For Law Times he Sport Dispute Resolu- tion Centre of Canada has introduced a new costs of doping decisions; • new provisions pertaining to the language of proceedings; • clarification of resolution fa- cilitation (commonly known as mediation); • amendment to the rule on onus of proof in team selection disputes; and • other changes as mandated by Canada's new 2009 anti-dop- ing program. "It is now incumbent on sports federations in selection disputes to show they had the proper crite- ria set up and that it was properly applied," says Bunting. "The onus is now on the organization not the athlete. It wasn't quite as clear a few years ago." While Bunting hasn't rep- resented Canada as an athlete, he got his start in sport clerk- ing at the Court of Arbitration for Sport at the Salt Lake City Winter Olympics in 2002 with CAS-certified Canadian arbi- trators Richard McLaren and Yves Fortier. While most disputes that arise prior to an Olympic Games large- ly stem from contested selections, the SDRCC also hears matters involving access to funding and doping disputes. During an Olympics, there can 'It's really an access to justice issue,' says John Curtis. who was contesting Equine Canada's rejection of her horse lost her battle and her persistence prompted the arbitrator in the matter to award costs to the or- ganization. Paul J. Conlin, an associate at Conlin & Payette, represented Canada in hockey at two Olym- pics; 1964 in Innsbruck, Austria, and 1968 in Grenoble, France, the latter at which Team Canada took home a bronze medal. He also played hockey for Canada in three world champion- ships before settling down to prac- tise law in Ottawa. He admits that it has been difficult for athletes to win their disputes against their respective sports organizations. "I think it's a good thing for the athletes because there's a field of well-qualified arbitrators sit- ting, but even though they have the authority to make the noble decisions, they do show an aw- ful lot of deference to the NSOs (national sport organizations)," says Conlin. "They really will only upset a decision if there's bias shown or patent unreason- ableness so it's pretty hard for an athlete who hasn't been selected to a team to successfully appeal." He's hopeful the new rules in- troduced this year will make a dif- ference. Jim Bunting, a partner in liti- gation practice with Davies Ward Phillips & Vineberg LLP who has also signed up with the SDRCC, says the rules help provide clarity. In a news release, the SDRCC sets out the following as notable changes to the code: • improved definitions of parties including intervenors; • new timelines on filing and Untitled-3 1 4/14/09 9:00:22 AM Medical malpractice litigation is one of the most difficult and challenging areas of law. At Thomson, Rogers we enjoy a reputation built on experience and skill in prosecuting these claims. Above all else, our greatest asset is a proven record of success. Contact our Medical Malpractice Litigation Group: Denny Dixon, Richard Halpern, Wendy Moore Johns, Sloan Mandel or Aleks Mladenovic. THOMSON, ROGERS Barristers and Solicitors 416-868-3100 Toll free 1-888-223-0448 www.thomsonrogers.com YOUR ADVANTAGE, in and out of the courtroom Unmasking the mystery. also be judging disputes, as was the case with the sport of figure skating in Salt Lake, from which Bunting had to recuse himself when the Canadian team became involved. He says that in advance of an Olympics, the SDRCC proves its value. "When the Olympics arrive you're literally doing [hear- ings] 24 hours a day," he says. "It provides ready access to athletes and the staff are extremely impres- sive as they're able to get a matter to a hearing very, very quickly, which you need. I've been very impressed when I have occasion to use them." LT PAGE 11

• Cover
• Fight Over Fees
• Financial Matters
• Focus On ADR/Mediation