/Adjudicator

minicounsel

Brenda Walker — Commissioner

Commissioner·Ontario Racing Commission

Brenda Walker

Since 2003

165

cases · 11 yrs · ORC

Trial

Motion

Costs

Appeal

Sentencing

Commissioner· 123Commissioner· 28Commissioner· 9Member· 2Commissioner· 2Commission Member· 1

William Megens, 2003 CanLII 74620

Horse racing penalty varied on appeal to a $1,500 fine and 90-day suspension.

The appellant, a standardbred owner, driver, and trainer, appealed the severity of a penalty imposed by the Judges for a violation of Rule 22.38 of the Rules of Standardbred Racing.

The original penalty consisted of a $1,500 fine and a 120-day full suspension.

Following a hearing, the Ontario Racing Commission varied the penalty, maintaining the $1,500 fine but reducing the full suspension to 90 days.

ORCOntario Racing CommissionSep 24, 2003

Carmine Sorella, 2003 CanLII 74606

Appeal of voided horse claim dismissed because a partner in the claiming stable was suspended.

The appellant, a thoroughbred owner, appealed a Stewards' Ruling that voided the claim of a horse.

The claim was voided because one of the partners in the claiming stable was previously suspended, rendering him ineligible to participate in Ontario.

The Ontario Racing Commission dismissed the appeal, confirming that the horse must be returned to its previous owner.

ORCOntario Racing CommissionJun 12, 2003

Wayne Smith and Varinder Gill, 2003 CanLII 74631

Appeal of horse claim granted; claim voided and horse ordered returned to original owners.

The appellants appealed the claiming of the horse STRANGER for $15,000 at Mohawk Raceway.

The Ontario Racing Commission granted the appeal, reversed and voided the claim, and ordered the horse returned to its recorded owners.

ORCOntario Racing CommissionApr 24, 2003

Seelster Farms v. Ontario Horse Racing Industry Association, 2003 CanLII 74632

Appeal to allow late sustaining payment for Ontario Sires Stakes dismissed despite managing owner's death.

The owners of a three-year-old trotting colt appealed a decision by the Ontario Horse Racing Industry Association (OHRIA) excluding the colt from the 2003 Ontario Sires Stakes Program for failure to make a sustaining payment.

The owners argued that the sudden death of the managing partner, who had failed to properly register the ownership transfer, constituted extenuating circumstances justifying an exception.

The Ontario Racing Commission dismissed the appeal by a majority decision, finding that the remaining owners had ample opportunity to ensure the payment was made and that the circumstances did not warrant waiving the program's conditions.

ORCOntario Racing CommissionApr 15, 2003

Richard Jukosky, 2003 CanLII 74642

Appeal allowed; horse restored to first place finish after disqualification for alleged interference overturned.

The appellant, a thoroughbred owner, appealed a decision of the Thoroughbred Industry Appeal Board that upheld the Stewards' decision to disqualify his horse from first position and place it eighth for alleged interference.

The Ontario Racing Commission panel viewed the videotape of the race, heard evidence from the Steward and jockeys, and allowed the appeal.

The purses were ordered to be distributed in accordance with the actual order of finish, restoring the appellant's horse to first place.

ORCOntario Racing CommissionMar 13, 2003

Page 9 of 9 (165 cases)

for Aaron Byron

William ByronAgent
1 appearance

for ALEXANDER

Brandt LeaveyParalegal
1 appearance

for Aubrey Friedman

Warren RapoportCounsel
1 appearance

for Barnett

Dan McMahonCounsel
1 appearance

for Belanger and Turcotte

Edmond J. PaquetteCounsel
1 appearance

for CASTELLANO

Daniel McMahonCounsel
1 appearance

for Chad Milner

Randy BennettAgent
1 appearance

for Colebrook Farms

John BrnjasAgent
1 appearance

for Cotey

Daniel McMahonCounsel
1 appearance

for CZUPA

James EvansCounsel
1 appearance

for Dare 2 Dream Racing Stable

Carmine SorellaSelf-represented
1 appearance

for Doug McNair

Robert Burgess, Q.C.Counsel
1 appearance

for Dr. Blaine Kennedy

Gerald SternbergCounsel
1 appearance

for Dr. Goodrow

Robert Burgess, Q.C.Counsel
1 appearance

for Dr. John Flanigan

Gerald SternbergCounsel
1 appearance

for Dr. Rubenstein

Arlen SternbergCounsel
1 appearance

for Dr. Shane Durnin

Peter BehrCounsel
1 appearance

for Earle Nugent

Michael PetersonCounsel
1 appearance

for Ernie A. Hendry

Kelly FerrisAgent
1 appearance

for EVANS

Peter HowardCounsel
1 appearance

for Gary Parkin

Dan McMahonCounsel
1 appearance

for Gene Piroski

Hanieh AzimiCounsel
1 appearance

for Georgian Downs

Chris RobertsAgent
1 appearance

for Graham Kirby and Darren Kirby

Herbert ArnoldCounsel
1 appearance

for HENRY

David MooreCounsel
1 appearance

for himself

Wayne PreszcatorSelf-represented
3 appearances
Gerry BelangerSelf-represented
3 appearances
Dan MegensSelf-represented
2 appearances
Brad ForwardSelf-represented
2 appearances
Gordon BrownSelf-represented
1 appearance
Timothy BatesSelf-represented
1 appearance
J. Bradley HarrisSelf-represented
1 appearance
Jamie K. DoigSelf-represented
1 appearance
Fred WoolfordSelf-represented
1 appearance
Aaron ByronSelf-represented
1 appearance
Mitchell SahelySelf-represented
1 appearance
Doug McNairSelf-represented
1 appearance
Barry TreenSelf-represented
1 appearance
Marty AdlerSelf-represented
1 appearance
Randall WaplesSelf-represented
1 appearance
Rene HunderupSelf-represented
1 appearance
Jody JamiesonSelf-represented
1 appearance
Mark MacDonaldSelf-represented
1 appearance
Donald McElroySelf-represented
1 appearance
Donald Rankin Jr.Self-represented
1 appearance

for Husbands

Dan McMahonCounsel
1 appearance

for Isaac Waxman

Robert BurgessCounsel
1 appearance

for Jason Klein

Mike StoikopolousAgent
1 appearance

for Jeffrey Brooks and Stable

Edward GreenspanCounsel
1 appearance

for Jody Jamieson

Robert B. BurgessCounsel
1 appearance

for JOHNSTON

Doug JackCounsel
1 appearance

for Jonathon Shepherd

Harvey SwartzCounsel
1 appearance

for Kenneth Parsley

Dan McMahonCounsel
2 appearances

for Kevin Wallis

James CookeCounsel
1 appearance

for Lawson

Arlene McCarthyAgent
1 appearance

for licensee Brad Forward

Michael Aaron CrystalCounsel
1 appearance

for local horsepeople

Gordon McDonaldAgent
1 appearance

for Malcolm Lynn

Josee PaquetteCounsel
1 appearance
Edmond PaquetteCounsel
1 appearance

for Masterfeeds

John DowningCounsel
1 appearance

for McGirr

Dan McMahonAgent
1 appearance

for McMullen

Conrad CohenAgent
1 appearance

for McNAIR and DETTORE

Gerald SternbergCounsel
1 appearance

for Messrs. Boissonneault

Dan McMahonAgent
1 appearance

for MICHELON, BRITTANY, ERVIN and RIVERVIEW

James GeisCounsel
1 appearance
Robert BurgessCounsel
1 appearance

for Mr. Attard

Donald J. CatalanoCounsel
1 appearance

for Mr. Callaghan

Harvey SchwartzCounsel
1 appearance

for Mr. Companion

Jim WhelanAgent
1 appearance

for Mr. Fulmer

Brian TropeaAgent
1 appearance

for Mr. Gagnon

Gerry WhiteCounsel
1 appearance

for Mr. Goichman and Ms. Sutherland

Harvey SwartzCounsel
1 appearance

for Mr. Haime

Robert BurgessCounsel
1 appearance

for Mr. Husbands

Dan McMahonAgent
1 appearance
Dan McMahonCounsel
1 appearance

for Mr. Husbands and Robert Caporella

Daniel McMahonCounsel
1 appearance

for Mr. Johnson

Donald C. PlauntCounsel
1 appearance

for Mr. Kabel

Harvey SchwartzCounsel
1 appearance

for Mr. Lawson

Howard KatzCounsel
1 appearance

for Mr. Lynn

Josee PaquetteCounsel
1 appearance

for Mr. Ross

Conrad CohenAgent
1 appearance

for Mr. Silver

Wesley JacksonCounsel
1 appearance

for Mr. Skelhorn

Gerry WhiteCounsel
1 appearance

for Mr. Tangreda

Bert ArnoldCounsel
1 appearance

for Mr. Waples

Gerald SternbergCounsel
1 appearance

for Mr. Zubkoff and Ms. Lester

Gerald SternbergCounsel
1 appearance

for Ms. Elliot-Griem

Harvey SwartzCounsel
1 appearance

for Norseman Racing Stables Inc.

Peter HowardCounsel
1 appearance

for OHHA

Andrew StaniuszCounsel
1 appearance
John WalzakAgent
1 appearance
Mr. WalzakAgent
1 appearance
Frank CesarioCounsel
1 appearance

for Parente

Daniel McMahonCounsel
1 appearance

for PARSONS

Larry ToddCounsel
1 appearance

for Patrick Husbands and Mark Casse

Dan McMahonCounsel
1 appearance

for POLIFRONI

James EvansCounsel
1 appearance

for Rideau Carleton

Mr. BarrAgent
1 appearance

for Ross Siddall

Brian TropeaAgent
1 appearance

for SELIG

Larry ToddCounsel
1 appearance

for Sudbury Downs

Iris AntoniosCounsel
1 appearance
Catherine Beagan-FloodCounsel
1 appearance
Andrew MacIsaacCounsel
1 appearance

for Sullivan

Gerry WhiteCounsel
1 appearance

for the Administration

Don BourgeoisCounsel
18 appearances
Jennifer FriedmanCounsel
18 appearances
Tim SnellCounsel
11 appearances
Brendan Van NiejenhuisCounsel
9 appearances
Rick RierAgent
7 appearances
Maureen HarquailCounsel
6 appearances
Angela HollandCounsel
6 appearances
Aaron DantowitzCounsel
6 appearances
Luisa RitaccaCounsel
5 appearances
Patricia LatimerCounsel
5 appearances
Wendy HoogeveenAgent
4 appearances
Anthony WilliamsCounsel
4 appearances
Katherine HenselCounsel
3 appearances
Patti LatimerCounsel
2 appearances
Trudy MauthCounsel
2 appearances
Jean MajorAgent
2 appearances
Maureen A. HarquailCounsel
1 appearance
Wendy HoogeveenCounsel
1 appearance
Katherine HensellCounsel
1 appearance
Brendan van NiejenhuisCounsel
1 appearance

for the Administration for the ORC

Brian NewtonAgent
3 appearances

for the Administration of the ORC

Rick RierAgent
11 appearances
Jennifer FriedmanCounsel
10 appearances
Neil McCoagAgent
5 appearances
Tom MillerAgent
5 appearances
Maureen HarquailCounsel
2 appearances
Anthony WilliamsCounsel
1 appearance

for the appellant

Gerald SternbergCounsel
1 appearance
Michael SinclairAgent
1 appearance

for the Appellant

Harley HarknessAgent
1 appearance
David MilburnCounsel
1 appearance
Harvey SchwartzCounsel
1 appearance
Harvey SwartzCounsel
1 appearance
Martin O'TooleSelf-represented
1 appearance
John BarringtonAgent
1 appearance
Anthony HaughanAgent
1 appearance

for the appellant Garry Cruise

Dan McMahonCounsel
1 appearance

for the appellants

Dan McMahonCounsel
1 appearance
Karen MurphyCounsel
1 appearance

for the Appellants

Richard ShibleyCounsel
1 appearance
Edward Greenspan, Q.C.Counsel
1 appearance
Vanessa V. ChristieCounsel
1 appearance

for the Brooks family and Stables

Robyn Ryan BellCounsel
1 appearance

for the horsemen

Joe TavaresAgent
1 appearance

for the licensee Jason Brewer

Robert BurgessCounsel
1 appearance

for the licensee Ming Fong

Ming FongSelf-represented
1 appearance

for the Northern Horsemen's Association

Bob BodkinUnion representative
1 appearance

for the Northern Horsemen’s Association

Robert BodkinCounsel
1 appearance

for the OHHA

John WalzakAgent
1 appearance

for the Ontario Harness Horse Association

John WalzakAgent
1 appearance
John WalzakCounsel
1 appearance
Mr. WalzakAgent
1 appearance

for the Ontario Racing Commission Administration

Jennifer FriedmanCounsel
4 appearances
Rick RierAgent
3 appearances
Brendan van NiejenhuisCounsel
1 appearance
Anthony WilliamsCounsel
1 appearance
Aaron DantowitzCounsel
1 appearance
Gunnar LindbergAgent
1 appearance
Brendan Van NiejenhuisCounsel
1 appearance
Luisa RitaccaCounsel
1 appearance

for the ORC Administration

Joanne MitchellCounsel
1 appearance

for the owners

Lou LiebenauSelf-represented
1 appearance

for Therese Vrablic

Larry ToddCounsel
1 appearance

for the Terra Racing Stable

Dan McMahonCounsel
1 appearance

for Timothy Bates

Bill O'DonnellAgent
1 appearance

for Trevor Henry

Ross NicholsonCounsel
1 appearance

for Wayne Smith and Varinder Gill

Gerald SternbergCounsel
1 appearance

for WEAVER

Dan McMahonCounsel
1 appearance

for WEG

David McCutcheonCounsel
1 appearance

for Western Fair

Mr. WildingAgent
1 appearance

for Whelan

Arlen SternbergCounsel
1 appearance

for William Megens

Robert MegensAgent
1 appearance

for William Robinson

Arlen SternbergCounsel
1 appearance

for Windsor Raceway Inc.

Christopher R. KrubaAgent
1 appearance

for Winrac Developments Inc.

Chris KrubaAgent
1 appearance

for Woodbine Entertainment Group

Colleen ButlerCounsel
2 appearances
Nick EvesAgent
1 appearance
Jamie MartinAgent
1 appearance
David McCutcheonCounsel
1 appearance
Jane HolmesAgent
1 appearance
Angela CaseyCounsel
1 appearance
P. David McCutcheonCounsel
1 appearance

friend of the court, to assist the Applicants

Dan McMahonAgent
1 appearance

friend of the licensee

Renol AliliAgent
1 appearance

on behalf of the Administration

Don BourgeoisCounsel
1 appearance
Tim SnellCounsel
1 appearance
Tim SnellAgent
1 appearance

on behalf of the Administration for the ORC

Brian NewtonAgent
1 appearance

on his own behalf

George DespotisSelf-represented
1 appearance
Doug HieSelf-represented
1 appearance
Garry CruiseSelf-represented
1 appearance
Michael WrightSelf-represented
1 appearance
Pierre MailhotSelf-represented
1 appearance
Daryl EzraSelf-represented
1 appearance
Frank Di Giulio, Jr.Self-represented
1 appearance

self-represented

Eric EdwardsSelf-represented
1 appearance

unrepresented

Mike WassilynSelf-represented
1 appearance
Ian DowneySelf-represented
1 appearance
Michael SafticSelf-represented
1 appearance

165

Decisions

Years active

Tribunals

2003–2013

Active range

ORC165(100%)

Decision types

appeal

144

motion

trial

Page 9 of 9 (165 cases)