When the Canadian Olympic Committee and Equine Canada announced its roster for the 2016 Rio Olympic Games on July 14, Jessica Phoenix and Donald Leschied’s A Little Romance were listed as participating team members for the nation’s eventing team.

But that wasn’t initially the case.

The Sport Dispute Resolution Centre of Canada published an arbitral decision July 25 that confirmed Phoenix, 32, appealed to the SDRCC after she did not make the team roster when it was originally decided, but never publicized, on June 24. Phoenix won her appeal on July 11 and was subsequently placed on the team by arbitrator Robert P. Armstrong, Q.C.

Armstrong, a resident arbitrator at Arbitration Place in Toronto, was appointed by the SDRCC as an independent arbitrator to oversee Phoenix’s appeal.

“We’re an appeals tribunal for national sports in Canada, so we hear disputes on team selection, on funding issues and on disciplinary matters, and we’re also the doping tribunal in Canada,” said Marie Claude Asselin, CEO of the SDRCC. “When athletes or other members of the sport community have an issue with a decision that’s rendered by a national sport organization that affects them, they have a right to appeal to the SDRCC, and that’s what Jessica Phoenix did. She appealed the decision of being named an alternate, and she was successful in her appeal, so the arbitrator named her a team member.”

According to the document, Canada’s original eventing team roster listed Rebecca Howard and Riddle Master, Colleen Loach and Qorry Blue D’Argouges, Selena O’Hanlon and Foxwood High, and Kathryn Robinson and Let It Bee as participating team members, while Phoenix, along with Waylon Roberts and Kelecyn Cognac, was listed as an alternate with both A Little Romance and Bentley’s Best. 

Phoenix claimed the selection process was unfair and that she should have been named to the team with either A Little Romance or Pavarotti, her mount from the 2015 Pan American Games (Ontario). After winning the appeal, Phoenix replaced Robinson—who was consequently named the team’s traveling reserve—on the participating roster with the 11-year-old Thoroughbred-Trakehner mare A Little Romance (A Fine Romance—Samland Furstin, Donaufurst). 

The document listed nomination criteria specified by Equine Canada’s selection committee for determining the team; among the factors were consistency, competition strength, soundness of the horse and the ability to finish all three phases of a competition. Phoenix did not appeal the selection criteria, but she rather argued that the selection panel did not apply the criteria correctly when selecting the Olympic team. 

The claimants—Phoenix, along with owners of her horses, Don Good, Leschied and his wife Anita—asserted that Phoenix, “on any metric—whether objective, discretionary or otherwise—satisfied all Nomination Criteria to be appointed to the 2016 Olympic Team.” According to the document, they also “further [submitted] that Kathryn Robinson, who was selected to the team with her horse, Let it Bee, simply [did] not measure up to Ms. Phoenix.” 

Both Phoenix and Robinson declined to comment.

The legal nature of the dispute required the respondent—Equine Canada—to “demonstrate that the criteria were appropriately established and that the selection or carding decision was made in accordance with such criteria.” Then the claimant was required to “demonstrate [why Phoenix] should have been selected or nominated to carding in accordance with the approved criteria.” 

Equine Canada, through a “selector statement” from selection panel member Jenn Holling and witness statements from veterinarians Dr. Jill Copenhagen, DVM, and Dr. Anne Baskett, DVM, DACVS, and eventing team coach Clayton Fredericks, reasoned Phoenix did not make the team due to soundness and fitness concerns with her horses and frequent withdrawals before the cross-country phase at competitions. 

The appeal document cites a “chronic active tendonitis” in Pavarotti, which Dr. Copenhagen stated has been monitored since October 2015.

In her statement, Dr. Baskett said, “With respect to A Little Romance, though she was not completely sound after Bromont, it was my feeling that her LF irregularity and positive flexion tests on both front distal limbs were consistent with previous exams after competition. Both Dr. Copenhagen and myself felt that her issues have been managed successfully in the past and are therefore comfortable with her chances of coming through Rio with an acceptable level of soundness at the second inspection.” 

Phoenix withdrew Pavarotti before cross-country at the Cloud 11 Gavilan North LLC Carolina International CIC*** (N.C.) and Rolex Kentucky CCI****, and then she withdrew both Pavarotti and Bentley’s Best at the Jaguar Land Rover Bromont CIC*** (Quebec) before cross-country. In his statement released in the appeal document, Fredericks said that the withdrawals “were not part of a team decision and went against the advice of myself as team coach.” 

Phoenix testified that Fredericks approached her in the barns at Bromont and that he was “very agitated.” According to the testimony, Phoenix said he told her, “You were in the driver’s seat for this selection, and now you have completely ruined your chances, not just on Bentley’s Best and Pavarotti, but on the other two mares as well.”

“As the eventing team coach, my focus has always been on the performance of the athletes and helping them achieve their personal best in competition,” said Fredericks, who has coached the Canadian team since 2013 and also served as a selector for these Olympics, in an interview with the Chronicle. “The aim this year was to have as many combinations as possible achieve their qualification for Rio and be in form and ready for a major Games such as the Olympics. 

“It is never an easy job selecting, particularly so this year with so many great combinations available to represent Canada,” he added. “As a selector, I had to consider both the soundness and performance information that was available to me, and that, ultimately, is what I based my decision on. While I respect the appeal process and eventual outcome, I stand by my statements and the process that was followed. We have a great group of riders in their final preparations for Rio, and as a coach, I am looking forward to the Games and helping our riders perform at their best.”

The claimants countered that none of the events from which Phoenix withdrew were mandatory. They also presented data of both Phoenix and Robinson’s average dressage, cross-country, show jumping and total scores. Armstrong wrote in his evaluation that the data, which did favor Phoenix, “[provided] evidence that the Respondent apparently failed to carry out a thorough analysis of the available data, which would have favored Phoenix’s selection to the team with one or more of her horses.”

 “I am fully aware, that all things being equal, an arbitrator should be reluctant to interfere with a case like this,” Armstrong wrote. 

But ultimately, he ruled that the selection panel had not selected the team impartially. Phoenix was named to the team in time to participate in the group’s training camp in Ocala, Fla., before departing for Rio. The eventing portion of the Olympic Games takes place Aug. 6-9.

“The proceedings and outcome of appeals are handled independently from Equestrian Canada through the Sport Dispute Resolution Centre of Canada,” Equestrian Canada CEO Eva Havaris said in an official statement. “We respect and support the appeal process managed by the SDRCC. One of the great things about our country and our Canadian sport system is that we have a process in place that honors fair play and integrity, and we look forward to seeing a full team of Canadian eventing athletes kick off the equestrian portion of the Games in just a few short weeks.”