IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF STANDARDBRED TRAINER, JIM SKELHORN
Standardbred Driver/Owner/Trainer Jim Skelhorn (H91879) appealed the decision of the Executive Director in Ruling SB 155/2003 charging him with failing to comply with Rules 6.47.1 (a) (b) (c) and (d) of the Standardbred Rules of Racing and wherein his license was suspended for six months and was fined $5,000.00. Mr. Skelhorn also appealed the decision of the Director of Racing in Ruling SB 167/2003, charging him with failing to comply with Rules 3.09.1(c) and (f) and was fined $2,000.00.
On February 20, 2004, Vice Chair Larry Todd, Commissioners Patricia Bullock and Brenda Walker of the Ontario Racing Commission heard these appeals. At the hearing, Gerry White appeared as counsel on behalf of Mr. Skelhorn and Tim Snell appeared on behalf of the Administration.
At the commencement of the hearing the Parties agreed in a joint submission that there was no dispute and no issue as to both liability and the fine of $2000.00 in respect of Ruling SB 167/2003. In Ruling COM SB 008/2004, the Ontario Racing Commission decided unanimously:
To allow the appeal of Ruling SB 155/2003 respecting the charge of failing to comply with Rule 6.47.1(b) and to dismiss the appeal respecting the charges of failing to comply with Rules 6.47.1 (a), (c) and (d);
To allow in part the appeal of Ruling SB 155/2003 with respect to the issue of penalty as follows: that Mr. Skelhorn’s licence be suspended for six months and that Mr. Skelhorn be fined $2,500.00.
In its reasons for decision, the Commission left it to the Parties to agree on the timing of the penalty and, failing agreement, indicated that this issue may be referred back to the Commission for determination.
No response having been received by the Administration to the Administration’s repeated attempts to deal with this issue, on March 18, 2004, the Administration served Notice of Motion that, on Tuesday, March 23, 2004 at 12:30 in the afternoon, the Administration would seek an Order from the Commission confirming when Mr. Skelhorn must serve the suspension and pay the fines ordered by the Commission in COM SB 008/2004.
On March 23, 2004, Vice Chair Larry Todd heard the motion. No one appeared on behalf of Mr. Skelhorn. Tim Snell appeared on behalf of the Administration. The Administration filed three exhibits: Exhibit 1, the Notice of Motion with confirmation of service on May 18, 2004; Exhibit 2, a letter dated March 9, 2004 from Mr. Snell to Mr. White with confirmation of service dated March 9, 2004, and; Exhibit 3, a letter dated March 15, 2004 from Mr. Snell to Mr. White with confirmation of service dated March 15, 2004.
Having read the exhibits filed, and in the absence of any response to the above or any indication that Mr. White had removed himself from the record as Mr. Skelhorn’s representative, the Ontario Racing Commission decided that Mr. Skelhorn’s suspension shall begin on April 1, 2004, and that the fines of $2500.00 and $2000.00 shall be payable by the end of the suspension period on September 30, 2004 and before Mr. Skelhorn participates directly or indirectly in racing again.
BY ORDER OF THE COMMISSION
Jean Major
Executive Director