IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL OF
STANDARDBRED OWNER AUBREY FRIEDMAN
Aubrey Friedman requested a hearing to review the decision of Woodbine Entertainment Group (WEG) to refuse to accept entries and nominations for his horses. On May 9, 2007, the Commission ordered that it would convene a hearing on the merits and that this hearing was to be expedited, and refused to make an interim order requiring WEG to accept Friedman's entries and nominations. Aubrey Friedman commenced a further motion for interim relief and/or to commence the hearing forthwith, returnable on June 6, 2007.
The Commission Panel seized of the matter consisting of Chair Rod Seiling, Vice-Chair Hon. James Donnelly and Commissioner George Kelly, convened on June 6, 2007, to hear the motion. Brendan Van Niejenhuis acted as counsel for the Administration. Warren Rapoport appeared as counsel for Aubrey Friedman. David P. McCutcheon and Colleen Butler appeared as counsel for WEG. David Outerbridge appeared as counsel for the Ontario Harness Horse Association.
On reading the Affidavits of Aubrey Friedman, the Affidavits of Jamie Martin, the Affidavit of Hugh Mitchell, and on hearing the viva voce evidence of Jamie Martin and Aubrey Friedman, and on hearing the submissions of counsel, the Panel ordered as follows:
Entries owned by Aubrey Friedman, namely, YORKY'S GIRL and HARE IN MOTION, plus his two two-year-olds, must be accepted by all Ontario race tracks for Ontario sired events for which they must meet the qualifying standards and conditions.
The hearing of this matter shall proceed on July 25, 2007 and continue on July 26, 2007, if required.
The Panel’s oral Reasons for Decision form part of the transcript which is attached to this Ruling.
DATED this 14th day of June 2007.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF
WOODBINE ENTERTAINMENT GROUP
and AUBREY FRIEDMAN, Owner
These are the reasons given in the proceedings held before The Ontario Racing Commission, Re: AUBREY FRIEDMAN, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Mississauga, Ontario, on the 6th day of June, 2007.
HELD BEFORE: Rod Seiling, Chairman
J. Donnelly, Vice Chair
G. Kelly, Commissioner
Appearances:
Brendan Van Niejenhuis,
for the Ontario Racing Commission Administration,
Warren Rapoport, for Aubrey Friedman,
P. David McCutcheon &
Colleen Butler, for Woodbine Entertainment Group Racing Stables,
David Outerbridge for the Ontario Harness Horse Association.
Hearing continued ...
MR. DONNELLY: All rise please.
MR. CHAIRMAN: Please be seated. We will give an oral decision. The panel on hearing the evidence and submissions, despite Mr. Friedman's testimony that there has been no change in circumstances since the May 9th, 2006 ruling, the panel is of the view that there has been one change. That significant change, being the expedited hearing, contemplated when the original order was made could not be arranged and that delay should not operate, in the view of the panel, to Mr. Friedman's prejudice.
Accordingly, the panel orders that entries owned by Mr. Friedman; namely, YORKY'S GIRL and HARE IN MOTION plus the two, two year olds must be accepted by all Ontario racetracks for Ontario sired events for which they must meet the qualifying standards and conditions.
The hearing on the merits is adjourned until 9:00 a.m. Tuesday, July 25th and continued to the next day if required. Thank you very much.
CERTIFIED CORRECT:____________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths