/Adjudicator

minicounsel

Rod Seiling — Chair

Chair·Ontario Racing Commission

Rod Seiling

Since 2006

267

cases · 8 yrs · ORC

Trial

Motion

Costs

Appeal

Sentencing

Chair· 149Chair· 72Chairman· 26Chairman· 15Commission Chair· 2Chair· 2Commission Chair· 1

In the Matter of Roderick DaCosta, 2012 CanLII 92220

Jockey's appeal of $200 fine for hitting a horse in the head with crop dismissed.

The appellant jockey appealed a $200 fine issued by the Stewards for indiscriminate use of the crop during a race.

At the hearing, the appellant admitted to hitting another horse in the head with his crop.

The Ontario Racing Commission denied the appeal, finding on a balance of probabilities that the appellant violated the Rules of Thoroughbred Racing.

The $200 fine was upheld to protect the welfare of the horse and the public interest.

ORCOct 1, 2012

Ross Armata v. Ontario Racing Commission, 2012 CanLII 92348

Appeal of Stewards' ruling on claim of foul denied; no interference found.

The appellant, a thoroughbred licensee and trainer, appealed a Stewards' ruling regarding a claim of foul.

The jockey of the appellant's horse alleged interference by another horse during a race.

The Ontario Racing Commission panel reviewed the video evidence and testimony, concluding on a balance of probabilities that no interference occurred.

The appeal was denied and the original order of finish was upheld.

ORCOct 1, 2012

Sylvain Filion, 2012 CanLII 92246

Licensee's appeal of driving suspension withdrawn; original penalty upheld with additional costs assessed.

The licensee appealed a $300 fine and a five-day driving suspension issued by the Judges for a violation of the Rules of Standardbred Racing.

At the hearing, counsel for the licensee requested to withdraw the appeal.

The Ontario Racing Commission granted the request, upheld the original fine and suspension, and assessed an additional $250 in costs against the licensee for withdrawing the appeal after the Commission had expended resources preparing for the hearing.

ORCOct 1, 2012

Aaron Byron v. Ontario Racing Commission, 2012 CanLII 92206

Ten-day driving suspension for causing an accident during a race varied to seven days.

The appellant appealed a ten-day driving suspension imposed for bearing in and causing an accident during a standardbred race.

The appeal was limited to the severity of the penalty.

The Ontario Racing Commission panel reviewed the video evidence and testimony, finding that the appellant moved off the rail and came back in, causing another driver to be unseated.

Based on penalty guidelines, the panel varied the penalty to a seven-day driving suspension.

ORCSep 20, 2012

Aaron Byron (Re), 2012 CanLII 92345

Adjournment granted in appeal of standardbred driving suspension to allow appellant to obtain further exhibits.

The appellant, a standardbred licensee, appealed a ten-day driving suspension issued by the Judges for causing an accident during a race.

During the hearing before the Ontario Racing Commission, the appellant requested an adjournment to obtain further exhibits.

The Panel granted the continuance, with the hearing to be rescheduled.

ORCSep 11, 2012

Christopher Griffith, 2012 CanLII 92262

Licensee permitted to withdraw appeal of riding suspension; assessed $250 in costs.

The licensee appealed a three-day riding suspension issued by the Stewards for causing interference during a race.

At the hearing, the licensee's agent requested to withdraw the appeal.

The Ontario Racing Commission granted the request, ordered the suspension to be served, and assessed $250 in costs against the licensee for withdrawing the appeal after the Commission had expended resources preparing for the hearing.

ORCSep 11, 2012

Marty Mercieca, 2012 CanLII 92214

Horse racing appeal withdrawn; appellant assessed $50 in costs for late withdrawal.

The appellant, a quarter horse licensee, appealed a Stewards' ruling that fined him $300 for aggressive use of his crop during a race.

At the hearing, the appellant requested to withdraw his appeal.

The Ontario Racing Commission granted the request but, pursuant to Policy Directive 3/2010, assessed $50 in costs against the appellant for the administrative resources expended prior to the withdrawal.

The original $300 fine remained payable.

ORCSep 11, 2012

Layne Giliforte, 2012 CanLII 92362

Licensee's appeal of misconduct fine denied following admission of guilt, but penalty reduced to $400.

The appellant, a thoroughbred licensee, appealed a $500 fine issued by the Stewards for gross misconduct and uttering profanities at a racing official.

At the hearing, the appellant admitted to violating the Rules of Thoroughbred Racing.

The Ontario Racing Commission denied the appeal but reduced the fine to $400, taking into account the difficult circumstances facing horse people at Fort Erie Racetrack as a mitigating factor.

ORCSep 11, 2012

Francois Belanger v. Ontario Racing Commission, 2012 CanLII 92219

Jockey granted licence restricted to Quarter Horse racing upon application for reinstatement.

The applicant, a thoroughbred jockey, appealed a 2000 ruling that set conditions for the reinstatement of his jockey's licence.

He submitted an application for a thoroughbred jockey licence, claiming he had fulfilled the conditions.

The Ontario Racing Commission panel granted the applicant a jockey's licence restricted to Quarter Horse racing only.

ORCAug 1, 2012

Betty Hagey v. Ontario Racing Commission, 2012 CanLII 92255

Appeal of failed trainer's test dismissed for lack of jurisdiction.

The appellant appealed a Stewards' Ruling that rendered her ineligible to be licensed as a Thoroughbred Trainer until she obtained approval from the HBPA, after she failed the HBPA Thoroughbred Trainer's Test.

The Administration of the ORC brought a preliminary motion to dismiss the appeal for lack of jurisdiction.

The Panel granted the motion, finding that the ORC does not have jurisdiction to review the test results absent evidence that the test or its standards are unreasonable, and that failing the test does not meet the standard for an appeal.

ORCJun 19, 2012

George Lazaravitch v. Ontario Racing Commission, 2012 CanLII 92249

Appeal of licence rejection dismissed due to criminal history and non-disclosure, with leave to reapply.

The appellant appealed the rejection of his application for a Standardbred Groom's licence.

The Ontario Racing Commission dismissed the appeal, finding no new evidence or material change to warrant granting a licence.

The Commission noted the appellant's past criminal history and failure to properly disclose past violations on his application.

However, the Commission waived its policy regarding working with racehorses on a farm and permitted the appellant to reapply in 2014 if he keeps the peace and is of good behaviour.

ORCJun 19, 2012

Marc St. Louis (Re), 2012 CanLII 92356

Appeal of driving suspension and fine for indiscriminate whip use denied.

The appellant, a standardbred licensee, appealed a 5-day driving suspension and $300 fine for using his whip in an indiscriminate manner during a race.

The Ontario Racing Commission panel reviewed the evidence, including the race video and testimony of the judge, and concluded that the appellant violated Rule 22.23.01(a).

The appeal was denied and the penalty was upheld.

ORCJun 4, 2012

John Brandon Campbell, 2012 CanLII 92250

Appeal of driving suspension and fine for striking horse below shaft denied.

The appellant, a standardbred licensee, appealed a Judges' ruling that imposed a 3-day driving suspension and a $200 fine for striking a horse below the level of the shaft during a race.

The Ontario Racing Commission panel reviewed the evidence and heard testimony.

The panel denied the appeal, upholding the fine and suspension.

ORCJun 4, 2012

Doug McNair, 2012 CanLII 92217

Adjournment granted to unrepresented licensee to accommodate counsel, peremptorily set for a later date.

The licensee appealed a 10-day driving suspension and two years' probation for failing to attend a hearing.

At the hearing, the unrepresented licensee requested an adjournment to accommodate counsel.

The Chair granted the adjournment despite noting the unreasonable delay in retaining a representative, and peremptorily set the hearing for June 19, 2012.

ORCJun 4, 2012

Northern Horsemen's Association v. Sudbury Downs, 2012 CanLII 99751

Appeal to move three November race dates to December at Sudbury Downs dismissed.

The appellant appealed the Ontario Racing Commission's 2012 schedule of race dates for Sudbury Downs, requesting that three race dates in November be moved to December.

The panel denied the appeal, finding that the requested changes were not supported by horse supply or customer demand, and that the original dates were assigned in accordance with the principles of the Ontario Racing Program.

ORCMay 23, 2012

Richard Aquilina, 2012 CanLII 92232

Appeal of licence refusal dismissed for lack of jurisdiction due to 57-day late filing.

The appellant appealed a decision of the Director of the Ontario Racing Commission refusing to grant him a Standardbred Licence.

The appeal was filed 57 days after the 15-day statutory deadline.

The appellant argued financial hardship as the reason for the delay.

The Panel dismissed the appeal, finding it lacked jurisdiction and that the appellant failed to provide cogent evidence of extraordinary circumstances to justify an exception to the rules.

ORCMay 22, 2012

Jeff Barkley, 2012 CanLII 92251

Groom reinstated with conditional licence subject to a new two-year Post Violation Agreement.

The appellant, a groom, was suspended indefinitely following a violation of his conditional licence.

After providing a negative sample, he applied for reinstatement.

The Ontario Racing Commission accepted the joint recommendations of the Administration and the unrepresented appellant, ordering his reinstatement subject to a new two-year Post Violation Agreement, mandatory testing, and other conditions.

ORCMay 18, 2012

Doug McNair v. Ontario Racing Commission, 2012 CanLII 92359

Appeal of 5-day suspension and $300 fine for striking race bike shaft with whip dismissed.

The appellant, a standardbred driver, appealed a Judges' Ruling that fined him $300 and imposed a 5-day driving suspension for striking the shaft of the race bike with his whip during a race, in violation of Rule 22.23.03(d) of the Rules of Standardbred Racing.

The appellant admitted the rule violation, and the hearing proceeded on penalty only.

The Ontario Racing Commission panel dismissed the appeal, upholding the fine and suspension.

The panel considered aggravating factors, including the appellant's previous record, the number of times the rule was violated during the race, and the aggressive nature of the hits, concluding that the penalty was necessary to serve as a deterrent and protect the horse and public interest.

ORCApr 19, 2012

John Yake v. Ontario Racing Commission, 2012 CanLII 92343

Appeal allowed; horse did not violate breaking rule as it continuously lost ground.

The appellant, a standardbred trainer, appealed a Judges' Ruling that placed his horse 6th for a violation of Rule 22.27(c) of the Rules of Standardbred Racing.

The Ontario Racing Commission found that video evidence showed the horse continuously lost ground while on a break, in compliance with the rules.

The appeal was allowed and the original dead-heat for 4th place was restored.

ORCApr 19, 2012

Nick Steward, 2013 CanLII 52674

Appeal of driving suspension and fine for excessive whipping of a horse dismissed.

The appellant, a standardbred licensee, appealed a Judges' Ruling imposing a $300 fine and a 5-day driving suspension for violating the Rules of Standardbred Racing by excessively striking a horse.

The Ontario Racing Commission dismissed the appeal, finding that video evidence and testimony established the appellant struck the horse about nine times during the stretch run and raised his arm past 90 degrees.

The penalty was upheld, with the panel noting a previous warning as an aggravating factor.

ORCApr 19, 2012

Page 4 of 14 (267 cases)

assisting the Appellant

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Counsel for Appellant

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1 appearance

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1 appearance
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1 appearance

for Aaron Alexander

Robert McQueenCounsel
1 appearance

for ALEXANDER

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1 appearance

for Anantram Singh

Robert King Jr.Agent
2 appearances

for Anette Lorentzon

D. Larry ToddCounsel
1 appearance

for Anthony Stephen

Mike McMullenAgent
1 appearance

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1 appearance

for appellant Todd Kabel

Dan McMahonCounsel
1 appearance

for Armata

Harvey SwartzCounsel
1 appearance

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1 appearance

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1 appearance

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1 appearance

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1 appearance

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1 appearance

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Peter F.C. HowardCounsel
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1 appearance
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1 appearance

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Candice WarwickAgent
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Larry ToddCounsel
1 appearance

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1 appearance

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Sue LeslieAgent
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1 appearance

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Mark SkwarokCounsel
1 appearance
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1 appearance

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Brian GreenspanAgent
1 appearance

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Chris RobertsAgent
1 appearance

for Gerry Merner

Brian GreenspanAgent
1 appearance

for Gilbert Hamel

Randy BennettCounsel
1 appearance

for Gordon McDonnell

G. Dewar LaingCounsel
1 appearance

for Grand River Raceway

Dr. Ted ClarkeAgent
2 appearances

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Robert BurgessCounsel
1 appearance

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Gordon DouganAgent
1 appearance
Gord DouganAgent
1 appearance

for Harlequin Ranches

Shale WagmanCounsel
1 appearance

for herself

Carolyn CostiganSelf-represented
1 appearance
Julie RobillardSelf-represented
1 appearance
Brenda DuncanSelf-represented
1 appearance
Lynn SimonSelf-represented
1 appearance
Brenda SpenceSelf-represented
1 appearance
Elizabeth ThompsonSelf-represented
1 appearance
Betty HageySelf-represented
1 appearance

for Hiawatha Horse Park

Jim HendersonAgent
1 appearance

for himself

Anthony MacDonaldSelf-represented
2 appearances
Richard TurcotteSelf-represented
2 appearances
Richard Jason MorrowSelf-represented
2 appearances
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Rene AllardSelf-represented
2 appearances
Joe TavaresSelf-represented
2 appearances
Allan Garth CullenSelf-represented
1 appearance
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1 appearance
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1 appearance
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1 appearance
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1 appearance
Jonathan JonesSelf-represented
1 appearance
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1 appearance

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1 appearance

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1 appearance

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31 appearances
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23 appearances
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15 appearances
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12 appearances
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9 appearances
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8 appearances
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6 appearances
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5 appearances
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1 appearance
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1 appearance
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1 appearance
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1 appearance
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1 appearance
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1 appearance
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1 appearance
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1 appearance
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1 appearance

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1 appearance

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1 appearance

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1 appearance

for the Appellant Kabel

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1 appearance

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1 appearance

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1 appearance

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1 appearance
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1 appearance
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1 appearance
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1 appearance
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1 appearance

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1 appearance

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1 appearance

for the Appellant Steward

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1 appearance

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1 appearance

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1 appearance

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for the Commission

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for the licensee

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1 appearance

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1 appearance

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Robert KingAgent
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1 appearance

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for the Northern Horsemen’s Association

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1 appearance

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Kevin LenardAgent
1 appearance
Darryl MacArthurAgent
1 appearance
John WalzakCounsel
1 appearance
Brian TropeaAgent
1 appearance
Malcolm MacPhailAgent
1 appearance

for the Ontario Harness Horsemen's Association

John WalzakAgent
1 appearance

for the Ontario Racing Commission Administration

Jennifer FriedmanCounsel
10 appearances
Angela HollandCounsel
4 appearances
Neil McCoagAgent
3 appearances
Brian NewtonAgent
2 appearances
Gunnar LindbergAgent
1 appearance
Luisa RitaccaCounsel
1 appearance
Brendan Van NiejenhuisCounsel
1 appearance
Anthony WilliamsCounsel
1 appearance
Fenton PlattsAgent
1 appearance
Rick RierAgent
1 appearance
Craig WalkerAgent
1 appearance
Brian NewtonCounsel
1 appearance

for the ORC

Tom MillerAgent
1 appearance

for the owners of BOLD MANEUVER

Gail CoxSelf-represented
1 appearance
John MenarySelf-represented
1 appearance

for the owners of the horse, Spring Venture

Harvey SwartzCounsel
1 appearance

for Therese Vrablic

Larry ToddCounsel
1 appearance

for the Woodstock Agricultural Society

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1 appearance

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1 appearance

for Trevor Henry

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1 appearance

for Tyler Moore

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1 appearance

for WAXMAN

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1 appearance
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1 appearance

for WEG

David McCutcheonCounsel
2 appearances
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2 appearances
Steve MitchellAgent
1 appearance
Jane HolmesAgent
1 appearance
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1 appearance
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1 appearance
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1 appearance

for Western Fair

Reg AshAgent
2 appearances

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1 appearance

for WHELAN

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1 appearance

for William Elliott

Larry ToddCounsel
1 appearance

for Windsor Raceway

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1 appearance

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1 appearance
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1 appearance
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1 appearance

for Winrac Development Inc.

Christopher R. KrubaAgent
1 appearance

for Woodbine Entertainment Group

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2 appearances
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2 appearances
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1 appearance
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1 appearance
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1 appearance
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1 appearance
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1 appearance

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Gerald SternbergCounsel
1 appearance

in person

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1 appearance

on his own behalf

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1 appearance
Cory FullerSelf-represented
1 appearance
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1 appearance
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1 appearance
Michael WrightSelf-represented
1 appearance
Lascelles DaCostaSelf-represented
1 appearance
Donald Gillis Jr.Self-represented
1 appearance
Terrance RyanSelf-represented
1 appearance
Normand DessureaultSelf-represented
1 appearance

participant

Chris KrubaSelf-represented
1 appearance

provided assistance to Thompson

James WhelanAgent
1 appearance

self-represented

Layne GiliforteSelf-represented
1 appearance

Supervisor of Standardbred Racing Raceway Inc.

Bill FinesAgent
1 appearance

unrepresented

Jeff BarkleySelf-represented
1 appearance
Michael SafticSelf-represented
1 appearance

267

Decisions

Years active

Tribunals

2006–2013

Active range

ORC267(100%)

Decision types

appeal

249

motion

Page 4 of 14 (267 cases)