IN THE MATTER OF THE RACING COMMISSION ACT 2000, S.O. 2000, c.20;
AND IN THE MATTER OF
OWNER/TRAINER SAMUEL QUARANTA AND OWNER/GROOM JOHN QUARANTA
Owner/Trainer Samuel Quaranta and Owner/Groom John Quaranta appealed Stewards Ruling TB 115/04. On May 6, 2005, the Panel consisting of Chair Tanaka and Commissioners Kelly and Gorman, convened to hear the continuation of the appeal. In accordance with the Panel's Ruling dated April 25, 2005, the continuation of the hearing was peremptory upon Samuel Quaranta and John Quaranta to proceed that day, and the stay of the penalty against Samuel Quaranta was lifted pending the resumption of the hearing on May 6, 2005.
Prior to the resumption of the hearing, the Appellant Samuel Quaranta served a Notice of Appeal upon the Commission from the Commission's Ruling of April 25, 2005. At the close of the hearing of the Appeal, the Administration moved to quash the new Notice of Appeal as being a nullity. The Panel found that the Notice of Appeal filed by Samuel Quaranta from the Commission's decision of April 25, 2005 was a nullity and that the Panel had no jurisdiction to entertain an appeal from its own decision, and accordingly ordered that this Notice of Appeal was quashed. The Panel further found that it had the jurisdiction to control its own process and ordered that Samuel Quaranta was fully suspended effective immediately until and including May 15, 2005.
The Panel reserved its decision on the Appeal. The Panel further ordered that the stay of the penalty issued in relation to Stewards' Ruling TB 115/04 would be restored beginning May 16, 2005, pending the release of the Panel's decision on the Appeal.
The Commission’s oral Reasons for Decision on the issue of the lifting of the stay and the imposition of the five-day suspension form part of the transcript of the hearing.
DATED this 9th day of May, 2005.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director