Resolution of appeal to NAC on the matter of Canadian Closed playoff

[Ian Findlay]

Re: Resolution of appeal to NAC on the matter of Canadian Closed playoff

Nikolay,
Sorry, I was not sure if you wanted me to comment on cheating. To call someone a cheater is a very serious accusation. Certainly just holding a queen in one's hand would not on its own be cheating. As pointed out earlier in the posts, it is a nervous habit of many players. One would have to prove intent of hiding the queen, so you could not find it when you promoted. This is far different than computer cheating cases which 100% violates the rules. Like I said, I am not an arbiter, and I am not familiar with the exact rule that it would break. I assume it had to be done deliberately to break a rule. Also, this is an extenuating circumstance, which as I said, makes your ruling far from obvious, but would need investigation and judgement. There is also the question this an isolated incident or has this happened before. I have met Bator and played in the Edmonton International with him. His behaviour there was exemplary. Of course that was just one tournament.

It is certainly a horrible way to lose the Canadian Championship. It is a shame there is no longer a selection committee for the Olympic Team, since I am sure you would be a great choice. Personally, my advice to you would be to let it go at this point.
If not, then maybe you have a friend who is a lawyer who can advise you. If you did take it further, it would probably be best not to discuss the matter in an open forum such as this. In any event, good luck.

[Frank Dixon]

Re: Resolution of appeal to NAC on the matter of Canadian Closed playoff

For any potential appeal to higher chess governance bodies (CFC Executive and / or FIDE), IM Noritsyn has overwhelming 'improper process related' grounds in his favour, based on the CFC's failure to follow its announced plans for dealing with his potential appeal of the case from the Canadian Championship playoff vs. GM Sambuev, as has been outlined on threads from this site.

He also has very strong 'chess rules related' grounds in his favour, from the original incident and information around it, some of which was learned only in the days following it.

Ideally, IM Noritsyn would be able to find a chess-playing professional lawyer to assist him, on a pro bono basis, for such an important case. I am working towards finding a potential person with those qualifications. IM Noritsyn, please email me at: frzephyr@hotmail.com, as soon as possible.

Best regards,
Frank Dixon
NTD, Kingston

[Egidijus Zeromskis]

Re: Resolution of appeal to NAC on the matter of Canadian Closed playoff

The text of the NAC was released at
http://www.chesscanada.info/forum/sh...7764#post27764

[Egidijus Zeromskis]

Re: Resolution of appeal to NAC on the matter of Canadian Closed playoff

The pressure is to follow the rules of chess and not the whims of the chesstalk lynch mob.

Interesting that you mentioned similar thing on chess.com. Somehow we used to your name callings. I think this person summarize quite well the international opinion:

Westbranch83
"I have to say, however much Sambuev and the original arbiter brought the game into disrepute, Mr. Drkulec seems to have outdone them both.

I would have thought a national chess president would be above petty name calling like referring to the carefully considered postings on this thread as the "bleatings" of "sheep."

I also would have expected that a national chess president would refrain from passive-aggressive innuendo like "I don't believe that the member that dissented is an International Arbiter as the other three gentlemen are... From what I've seen his response was emotional and the others went by a logical process."

These sorts of comments from a national chess president are disgusting. If there was ever any doubt that this fiasco has brought all of Canadian chess into disrepute, it has been laid to rest now. The CFC doesn't know when to quit digging."

[John Brown]

Re: Resolution of appeal to NAC on the matter of Canadian Closed playoff

Sounds to me like CFC wanted a GM to represent Canada. Looks like its a case closed result the jury has voted guilty. Have none of you watched 12 Angry Men. I think the Appeals Committee should. Not a cold case no one died unsolved, but a (Better for them to look good rather than doing a Canadian play fair decision they chose to do a dishonest thing and send a guy that looks good on paper. No wonder the CFC has no members. Scam produces Scum and who wants to be associated with scum you have to remove it with scum remover bought at grocery stores. I have little respect for our CFC appeals committee after this decision. If this is all they have to offer then go to the pot and sh..t. Then at least we can not say they made a shitty decision.
This match should have been null and void and a new match should have been re done properly. Are we proud Canadians or Scum. I'm a proud Canadian but is the CFC appeal committee?

[Jean Hébert]

Re: Resolution of appeal to NAC on the matter of Canadian Closed playoff

I am also not sure what "political capital" means.

«Political capital» means «favors» if my half decent english is correct.
It reminds one of Trump's candid statements...

[Kevin Pacey]

Re: Resolution of appeal to NAC on the matter of Canadian Closed playoff

Google's definition:

"Political capital refers to the trust, goodwill, and influence a politician has with the public and other political figures. This goodwill is a type of invisible currency that politicians can use to mobilize the voting public or spend on policy reform."

[John Torrie]

Re: Resolution of appeal to NAC on the matter of Canadian Closed playoff

To do “the right thing” conscience sacrifices itself and duty sacrifices others. A little forethought saves everyone, but forethought is a rarity.
Despite the decision against Mr. Noritsyn, which was expected, there is much in the rulings that is favorable to his case.
If FIDE sets the rules is it responsible for the conditions of the contest? If FIDE claims no responsibility why do their rules apply? It appears they influenced the Appeals Committee.
In the meanwhile if a new FIDE rule states that ‘players are not to hold onto pieces’ that would add strength to Mr. Noritsyn’s cause if he wanted to pursue the matter civilly. Why pick on a little organization like the CFC when FIDE is the bigger fish?

[Sid Belzberg]

Re: Resolution of appeal to NAC on the matter of Canadian Closed playoff

To do “the right thing” conscience sacrifices itself and duty sacrifices others. A little forethought saves everyone, but forethought is a rarity.
Despite the decision against Mr. Noritsyn, which was expected, there is much in the rulings that is favorable to his case.
If FIDE sets the rules is it responsible for the conditions of the contest? If FIDE claims no responsibility why do their rules apply? It appears they influenced the Appeals Committee.
In the meanwhile if a new FIDE rule states that ‘players are not to hold onto pieces’ that would add strength to Mr. Noritsyn’s cause if he wanted to pursue the matter civilly. Why pick on a little organization like the CFC when FIDE is the bigger fish?

A couple of points.
1) I am sure that the FIDE World Cup has provisions for the eventuality that if a country's designated player falls ill or for other reasons can't attend an event that a substitute name can be submitted. So by all means submit a name by the deadline but it is highly unlikely that the name submitted can't be changed after the deadline for all kinds of reasons.
2)Some members of the NAC complained that Nikolay did not request a remedy and yet no one contacted him to get answers to this question....why???? The most simple remedy given that all three parties erorred, all though I would view Nickolay's as a force majeure given the conditions made it impossible for him to comply with stopping the clock (no time to look for the queen or even spend time fidgeting with how to stop the clock) would be to annul the game result entirely as if it never happened and have a new game. I have serious reservations about Bator's silence after the arbiter pointed out the availability of the queen but can't prove that it was intentional.
What I do know is intentionally or not Bator broke rules that led to Nikolay's demise and the arbiter representing enforcing a ruling based on information that later was proved to be incorrect.
3) Precedents have already been set by the NAC and FIDE for overturning the result of a game after the fact so this would not be a problem.


The NAC and the CFC errored in the process of not contacting Nikolay as represented to him would be the case and part of their decision was based on complaining that they did not have enough info from him such as a requested remedy.
Nikolay has strong grounds for a civil lawsuit but hopefully cooler minds at the CFC would prevail and simply have a rematch of the last game and annul the previous game entirely including the NAC's ruling that did not follow the procedure expected by the CFC as represented to Nikolay. This way everyone saves face and basically blames no one.

[Tom O'Donnell]

Re: Resolution of appeal to NAC on the matter of Canadian Closed playoff

FIDE has a responsibility to all federation members, not just the CFC. I imagine that FIDE wants to firm up the composition of the World Cup as quickly as possible, if only to allow participants time to prepare. Pairings are based on the ratings of the participants (e.g. in round one: 1 v 128, 2 v 127, etc.).

[Egidijus Zeromskis]

Re: Resolution of appeal to NAC on the matter of Canadian Closed playoff

One more funny moment - the arbiter tried to stop the clock - and he failed. Bator stopped the clock.... However he did not ask for any assistance from the arbiter LOL
Now we can image that NN who was probably on higher level of stress and would fail to stop the clock too, and would forfeit on time.

[John Brown]

Re: Resolution of appeal to NAC on the matter of Canadian Closed playoff

I think if the CFC wants a Canadian Championship then just let Canadian Born play in it. We will then get a Canadian Champion. Or Just let GM's Play and then we will get what the CFC and Fide wants .

[Garland Best]

Re: Resolution of appeal to NAC on the matter of Canadian Closed playoff

Are you seriously proposing that persons that immigrate to Canada be ineligible to compete for the Canadian Championship? Even if they have Canadian Citizenship?

Please tell me you are trolling. You don't even have to be Canadian born to be Prime Minister of Canada. This sort of statement belongs with Kelly Leitch and the Proud Boys.

[John Brown]

Re: Resolution of appeal to NAC on the matter of Canadian Closed playoff

Are you seriously proposing that persons that immigrate to Canada be ineligible to compete for the Canadian Championship? Even if they have Canadian Citizenship?

Please tell me you are trolling. You don't even have to be Canadian born to be Prime Minister of Canada. This sort of statement belongs with Kelly Leitch and the Proud Boys.

Yes Garland I believe even Canadian Indian not east Indian and every person WHO was born in Canada should compete in a Canadian Championship. Is a Canadian Citizen really a Canadian born person. I say NO. It reminds me of a Hockey player (I believe whose wife gave birth in Switzerland and they said they were not Swiss so their baby was not born there). I'm sick of people saying they are Canadian and when I ask them if there was a war would you fight for Canada and they say Hell no I'm born in another country. Why would I fight for Canada. People come to Canada to suck us dry with our freebies. If you don't think so then go to the countries these people come from and try to change their polices . You'd be jailed at bare minimum.

[John Brown]

Re: Resolution of appeal to NAC on the matter of Canadian Closed playoff

we could call it. Born only Canadian championship.