IN THE MATTER OF THE RACING COMMISSION ACT 2000, S.O. 2000, c.20;
AND IN THE MATTER IN THE APPEAL OF
THOROUGHBRED LICENSEE CHRISTOPHER EVANS
Thoroughbred Licensee Christopher Evans requested a hearing before the Ontario Racing Commission of the Director’s Order of Immediate Suspension and Notice of Proposed Order issued against him on May 3rd, 2006.
On May 17th, 2006, a panel of the Ontario Racing Commission consisting of Chair Lynda Tanaka, Commissioners Jane Garthson and George Kelly convened to hear the matter.
Luisa Ritacca appeared at the hearing for the Administration and Dan McMahon appeared on behalf of Mr. Evans.
On consent of the parties, the panel stayed the Director’s immediate suspension and granted Mr. Evans his licence on the following conditions:
(a) Mr. Evans shall have no personal contact either directly or indirectly with any Ontario Racing Commission Stewards;
(b) Mr. Evans shall not enter the back stretch at the Woodbine Racetrack;
(c) Mr. Evans shall provide the Ontario Racing Commission with a schedule confirming his work hours. He shall attend the Woodbine Entertainment Group (“WEG”) premises only during his work hours. Should his schedule change or should he be required to attend a job-related function at WEG premises or elsewhere outside his scheduled work hours, he shall advise Brent Stone by contacting him via telephone and e-mail of such change immediately;
(d) Mr. Evans shall have no direct or indirect communication with Edwin Hall, Richard Grubb, Linda Phelan, and Tiffany Roach (“witnesses”). The Commission may revise the witness list between now and the date of the hearing into the matter of the Notice of Proposed Order. Should a person be added to the list, Mr. Evans and his counsel will promptly be advised and thereafter Mr. Evans will have no communication either directly or indirectly with that person;
(e) At present, Linda Phelan is on leave. Should Ms. Phelan decide to return to work before a final determination of the Commission into the matter of the Notice of Proposed Order, Mr. Evans shall appear before a Commission Panel within three week days to have these terms and conditions reviewed;
(f) Mr. Evans shall comply with the terms and conditions such as they may be of his bails; and
(g) Should Mr. Evans breach any of the above terms, his license shall be immediately suspended.
The above terms shall remain in effect until a hearing and final determination of this matter is made by the Commission.
The Commission's oral reasons for decision form part of the transcript of the hearing, and are attached to this ruling.
DATED at Toronto this 2nd day of June 2006.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
ONTARIO RACING COMMISSION
THOROUGHBRED HEARING
IN THE MATTER OF THE Racing Commission Act,
2000, S.O. 2000, c 20
-and-
IN THE MATTER OF: Thoroughbred Licensee:
CHRISTOPHER EVANS
BEFORE Lynda Tanaka Chair
Jane Garthson Member
George Kelly Member
Hearing Conducted in the Hearing
Room of the Ontario Racing Commission, 10 Carlson
Court, Toronto, Ontario, M9W 6L2, on the 17th day
of May 2006.
APPEARANCES:
Luisa J. Ritacca Counsel for the
Administration
Dan McMahon Counsel for the Appellant
Maureen Harquail Senior Counsel
INDEX OF PROCEEDINGS
PAGE NO.
Submissions - Ritacca 4
Submissions - McMahon 17
Ruling - The Chair 37
Ruling – The Chair -- 37
MR. MCMAHON: So, is there time available on July 18th and 19th?
THE CHAIR: Yes. Let's set it tentatively and, if there's any problem, Darla Wright will get back to you.
MR. MCMAHON: Fine.
THE CHAIR: All right? That should give you time to deal with whatever issues are coming up. All right. So, my handwritten notes are these, and if you want to make a note on Exhibit 2, changed in paragraph iii. to delete the words, quote, "or any other licensed racetrack in Ontario" and substitute for that the word "elsewhere". In number iv., to insert in the last sentence, after the word Mr. Evans, the phrase, quote, "and his counsel will be promptly advised and thereafter Mr. Evans" and then the sentence continues. In paragraph v., in the third line, to delete the word "the" and substitute "a". So that it reads: "Mr. Evans shall appear before a Commission Panel within "three" and insert the word "week days" and delete the word "days". Then in number vi. -- add an S to the word bail. So that: "Mr. Evans shall comply with the terms and conditions, such as they may be, of his bails".
MS RITACCA: I'm not sure if you misspoke in number v. I don't think we want the word "days" deleted.
THE CHAIR: No; you're right. So just insert the word "week."
MS RITACCA: Right.
THE CHAIR: Okay, all right. The ruling will issue with these terms and conditions and I'll get Ms Wright to confirm those dates of July 18th and 19th. And thank you very much for your assistance.
MS RITACCA: Thank you.
I hereby certify the foregoing to be
a true and accurate transcript as taken by me to
the best of my skill and ability.
_____________________________
Christine McAlister,
Toronto Court Reporters
1410 - 65 Queen Street West, Box 69
Toronto, Ontario M5H 2M5
(416) 364-2065