The applicant, a figure skating coach, sought leave to appeal an arbitration decision that found the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (UCCMS) applied retroactively to his historical conduct from 2005.
The arbitrator had determined that the UCCMS was designed to protect the sporting public rather than punish past behaviour, thus falling under the protection of the public exception to the presumption against retroactivity.
The Superior Court of Justice granted leave to appeal but dismissed the appeal, finding no error of law in the arbitrator's application of the exception or his interpretation of the contractual consent signed by the applicant.
