Related case:
SDRCC 2018 CCES vs Kyle Borsa
March 14, 2019
On 14 March 2019 the SDRCC Doping Tribunal decided to impose a 16 month period of ineligibility on the Athlete Kyle Borsa after he tested positive for the prohibited substance Higenamine.
Hereafter the Athlete failed to appeal the First Instance decision because it was not filed within the 30 day appeal period as set in the Canadian Sport Dispute Resolution Code. As the CCES opposed the granting of an extention of the time for the filing of an appeal the parties agreed to resolve the jurisdictional dispute by way of arbitration.
The Athlete argued that the SDRCC had the jurisdiction to extend the time for the filing of an appeal under either Section 3.4(d) or 3.5(d) of the Code. The CCES argued that Section 3.5(d) did not apply in the circumstances of the case but did not dispute the jurisdiction of the SDRCC to extend the time limits pursuant to Section 3.4(d).
The Sole Arbitrator finds that the SDRCC has jurisdiction to extend the time limits for the filing of an appeal. However the Arbitrator deems that the Athlete presented no reasons why he didn’t file an appeal within the 30 day time period. The Arbitrator holds that the Athlete failed to establish exceptional circumstances of justified grounds and concludes that it is not appropriate to extend the time limits for the filing of an appeal.
In addition the Arbitrator deems that allowing an appeal to be heard beyond the stipulated time limits, because a new decision has been subsequently released that an athlete considers would have made a difference in their own case, would set a dangerous precedent for future cases because it would result in significant uncertainty for all parties involved in the anti-doping system.
Therefore the Sole Arbitrator decides on 9 August 2019 to deny the Athlete’s request to extend the time limits for the filing of an appeal.
