Date: 2022-06-21

Appeal under section 20 of the Horse Racing Licence Act, S.O. 2015, c. 38, Sched. 9, from a Proposal to Refuse to Issue a Licence under the Act

Between:

Joel John Maxwell

Appellant

-and-

Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019

Respondent

CONSENT ORDER

ADJUDICATOR: D. Gregory Flude, Vice-Chair

APPEARANCES:

For the Appellant For the Respondent

Heard in Writing:

Joel John Maxwell, Self-represented Ashley An, Counsel

June 21, 2022

CONSENT ORDER

OVERVIEW

1On September 29, 2021 the Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019 (“Registrar”) issued a Notice of Proposal (“NOP”) to revoke the appellant’s licence as a Thoroughbred Horseperson-Groom. Also, on September 29, 2021, the Registrar issued an order to immediately suspend the appellant’s licence. On October 14, 2021, the appellant requested a hearing before the Tribunal to consider whether the Registrar’s NOP should be carried out.

ORDER DISPOSING OF APPEAL WITHOUT A HEARING REQUESTED BY BOTH PARTIES

2Both the appellant and the Registrar have requested an order from the Tribunal disposing of this appeal in accordance with the terms set out in herein.

3Both parties have indicated they consent to the Tribunal disposing of this appeal without a hearing under s. 4.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 on the terms agreed between the parties.

HAVING CONSIDERED THE CONSENT OF THE PARTIES, THE TRIBUNAL ORDERS:

4Pursuant to ss. 20(6) and 20(8) of the Horse Racing Licence Act, S.O. 2015, c. 38, Sched. 9. the following condition is imposed on the appellant’s Horseperson licence:

Joel John Maxwell shall advise the Deputy Registrar in writing within five days of any and all charges (including the issuance of any summons and/or appearance notice), convictions and findings of guilt, including where an absolute or conditional discharge is granted or other disposition is made, under any legislation and in any jurisdiction (including but not limited to the Criminal Code and the Ontario Highway Traffic Act).

5The matter is resolved, and the Tribunal will close its file.