IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF
THE ONTARIO HARNESS HORSE ASSOCIATION
The Ontario Harness Horsemen's Association appealed the Ruling of the Executive Director (Acting) to suspend OHHA's licence as a purse account manager (SB Ruling 133/2004).
On July 13, 19 and 20, 2004, Chair Lynda Tanaka and Commissioners Jane Garthson and George Kelly convened to hear OHHA's appeal.
Arlen Sternberg appeared on behalf of OHHA and Tim Snell appeared on behalf of the Administration.
On hearing the testimony of Don Bourgeois, Steve Schandlen, Michael Minnes, John Walzak and Steven Lehman, on reading the exhibits and on hearing submissions on behalf of the parties, the Ontario Racing Commission dismissed the appeal, subject to the following conditions:
a) OHHA is ordered to provide to the Executive Director (Acting), documents that it has already agreed to disclose but had not yet disclosed, together with employment contracts, minutes of Board of Directors meetings, and reports/correspondence prepared by Tinkham & Associates LLP for the period 1999 to date, for the purpose of the investigation as described in the Ruling;
b) the suspension of the licence will continue until lifted by Ruling, either of the Executive Director or of the Commission. OHHA retains the right to reapply for lifting of the suspension when appropriate disclosure has been made as required by the Executive Director.
The reasons for decision are attached to and form part of this Ruling.
Dated this 18th day of August 2004.
BY ORDER OF THE COMMISSION
Don Bourgeois
Executive Director (Acting)
REASONS FOR DECISION
The Commission panel of the Chair, Lynda Tanaka, Commissioners Jane Garthson and George Kelly held a hearing at the request of the Ontario Harness Horsemen’s Association (“OHHA”) with respect to its appeal from SB Ruling 133/2004 of the Director suspending OHHA’s licence as purse account manager. The Notice of Appeal filed on behalf of OHHA set out 6 grounds for the appeal.
The Administration called as witnesses the Acting Executive Director Don Bourgeois, Detective Sergeant Schandlen who was the investigator, and Mr. Michael Minnes of the accounting firm Deloitte & Touche LLP who was retained by the Executive Director Jean Major to conduct the audit during which certain documents were requested. Failure to produce those documents led to SB Ruling 133/2004 and to this appeal. OHHA called its Chief Operating Officer, Mr. John Walzak and its Chief Financial Office, Mr. Steven Lehman.
We were provided with several volumes of documents giving the history of the dispute filed by both parties. We note that Exhibits 4 and 5 are document books that OHHA has requested be kept confidential. Those document books have been marked with a red seal and are not to be part of the public file in this matter.
The appeal is dismissed for the reasons set out below, with the qualifications to the Ruling noted as follows. OHHA is ordered to provide to the Acting Executive Director copies of documents that it has already agreed to disclose but has not yet disclosed, together with employment contracts, minutes of Board of Directors meetings and reports/correspondence prepared by Tinkham & Associates LLP for the period 1999 to date for the purpose of the investigation as described in the Ruling.
With respect to the suspension of license, the suspension will continue until lifted by ruling, either of the Executive Director or of the Commission. OHHA retains the right to reapply for lifting of the suspension, when the appropriate disclosure has been made as required by the Executive Director