IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF STANDARDBRED LICENSEE
CAROLINE ROBINSON
RULING AND REASONS
On November 1, 2004, the Commission panel composed of the Chair sitting alone dealt with a dispute concerning the suspension of Caroline Robinson which was imposed by the Standardbred Judges on June 1, 2004 in a ruling that arose from a request for production of documents for the purpose of an investigation of several licensees. Mr. Tim Snell appeared for the Administration and Mr. Gerry Sternberg appeared for Caroline Robinson.
The Administration brought a motion before the Commission to determine if the Commission should hold a hearing on the issue of an appeal of the Standardbred Judges’ Ruling SB 31279 dated June 1, 2004 and the indefinite suspension of the licence of Caroline Robinson imposed in that ruling, given Rule 24.06 of the Rules of Standardbred Racing.
The Commission was advised that the parties have discussed the matter and have agreed on a procedure for future co-operation by Ms. Robinson with the investigation. This agreement is without prejudice to their respective positions as to whether or not Caroline Robinson can appeal the June 1st judges’ ruling suspending her licence.
The Commission was also advised that, since the original request for documents was made of Ms. Robinson, other licensees have produced documents that may in fact be her documents and, further, that with the passage of time it is appropriate to review the document request and the reasons supporting the document request.
The disposition of the matter, based on the agreement of the parties, will be as follows:
The Administration agrees to lift the suspension of the licence of Caroline Robinson imposed by Judges Ruling SB 31279 dated June 1, 2004, effective November 1, 2004, on the basis that Ms. Robinson has indicated she will co-operate with respect to the provision of documents to the Commission investigator. A separate ruling of the Executive Director will issue in that regard.
The Commission investigator will provide to Ms. Robinson, with a copy to her counsel, a new letter requesting production of documents with a new statement of the reasons supporting the request for the documents.
If there is any clarification required with respect to this Ruling I can be spoken to. It is anticipated, however, that the judges have the jurisdiction and will make any rulings with respect to the effect of the lifting of the suspension on Ms. Robinson’s participation in racing, as well as dealing with any disputes arising from the new request for production of documents.
Dated this 1st day of November, 2004.
_________________________
Lynda Tanaka
Chair