Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m A p r i l 2 0 1 4 25 knit, insular organizations: inconsistency, thoughtlessness, and bias. An example is the case of his client, Alexandre Lyssov, who was kicked off the Canadian fencing team because of curfew violations. The SDRCC arbitrator judged the Canadian Fencing Federation's decision "unreasonable and improper" because the organization originally gave one reason for the dismissal and then, months later, piled on others. In her decision arbitrator Jane H. Devlin said Lyssov should have been dealt with in a timely manner. Another of Crowne's cases had to do with an organization's incompetent han- dling of its own appeal process. Crowne described his client, bobsledder Jaclyn Laberge, as a victim of Bobsleigh Canada Skeleton, when another athlete launched an appeal over her lack of team selection. Laberge, who was affected by the judg- ment, was not invited to the hearing. Arbitrator Graeme Mew ultimately upheld the organization's decision but said both athletes were victims of a process that "could have been better handled" and was ultimately "flawed." Then there was the allegation of bias that reared its head at Speed Skating Canada where the famous Hamelin broth- ers, Charles and Francois, are members and father Yves is short track program director. Last year skater Remi Beaulieu appealed a decision to not name him to the men's national short track team. It turned out Yves Hamelin had remained on the conference call while the selection committee picked the team. Yves's son, Francois, was chosen. Mew said the elder Hamelin "should have dropped off the conference call" while the team — "and not just his son's selection" — was discussed. "Even though he did not have a vote, his presence could potentially have inhibited or otherwise affected the discussion," the arbitrator said. Likewise, Guillaume Bastille appealed a 2014 decision not to name him to the dis- cretionary fifth spot on the Olympic short track team but as an alternate. Bastille, who won gold at the 2010 Vancouver Olympics and numerous World Cup medals, argued when evaluating his competitive record the selection committee failed to con- sider relevant information and included irrelevant data to select Francois Hamelin over him. Mew returned the matter for reconsideration. Not all of Crowne's cases have ended up before the SDRCC. He represented Canadian curler James Armstrong, whose doping charge was laid by the World Curling Federation, and whose case was heard by the Lausanne-based Court of Arbitration for Sport. Armstrong, skip of Canada's national paralympic team, was suspended for 18 months after he tested positive for Tamoxifen, a breast cancer drug used by his wife before her death and which contaminated his own ASA 81 pills. Evidence showed he had nothing to gain from Tamoxifen as an athletic- enhancer but was nevertheless found to be negligent. Armstrong had his suspension reduced to six months, enabling him to compete in last year's world competition, a prelude to this year's Sochi Paralympics. Armstrong, at 62, was happy his career was revived and grateful to Crowne. "If you ever want to talk about somebody who well represents the legal profession for what it should stand for, he's the guy." REACH ONE OF THE LARGEST LEGAL AND BUSINESS MARKETS IN CANADA! With more than 264,000 page views and 60,000 unique visitors monthly canadianlawlist.com captures your market. FOR MORE INFORMATION CONTACT Colleen Austin T: 416.649.9327 | E: colleen.austin@thomsonreuters.com www.canadianlawlist.com AVAILABLE ONLINE AND IN PRINT Get noticed by the lawyers, judges, corporate counsel, finance professionals and other blue chip cilents and prospects who find the contacts they need for Canadian legal expertise at canadianlawlist.com with an annual Gold or Silver Enhanced listing package. ENCHANCE YOUR LISTING TODAY! ntitled-2 1 14-01-13 6:55 PM

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