Ontario
Racing
Commission
RULING NUMBER COM SB 014/2008
COMMISSION HEARING TORONTO, ONTARIO – APRIL 17, 2008
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL OF
STANDARDBRED LICENSEE DENNIS W. DUFORD
Standardbred licensee, Dennis W. Duford, as driver/trainer/owner, Licence No. B2483, appealed against Standardbred Ruling 30352, issued by a Panel of Standardbred Judges, on May 1, 2004, at Western Fair Raceway.
This ruling suspended his licence pending resolution of matters in the state of Ohio, in the United States of America.
Dennis W. Duford was found to have violated Rule 1.09 of the Rules of Standardbred Racing by conduct not in the best interests of racing.
On Thursday, April 17, 2008, a Panel of the Ontario Racing Commission consisting of Chair Rod Seiling was convened to hear the matter.
Dennis W. Duford appeared in person. Dennis W. Duford was represented by Douglas Forgie as agent.
Anthony Williams appeared as counsel for the Administration.
On hearing the allegations against Dennis W. Duford, and upon hearing the agreed statements of facts and upon reading the exhibits filed, and upon hearing the submissions of both the agent for Dennis W. Duford and counsel for the Administration, the Commission ordered as follows:
- That the appeal by Dennis W. Duford against the Standardbred Ruling 30352 from May 1, 2004 was dismissed.
- That Dennis W. Duford provide proper documentation that his Ohio issues have been resolved before applying for a licence.
- That when the Ohio issues are resolved, that Dennis W. Duford must then satisfy the Director as to why Dennis W. Duford should be privileged to receive an Ontario Racing Commission licence.
The Panel gave oral reasons for this decision.
A transcript of these reasons is attached to this ruling.
DATED this 29th day of April 2008.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
1
1ONTARIO RACING COMMISSION
STANDARDBRED HEARING
2
IN THE MATTER OF THE Racing Commission Act,
3 2000, S.O. 2000, c. 20
4
5 -and-
6
7 IN THE MATTER OF STANDARDBRED LICENSEE: DENNIS DUFORD
8
9 --------------
10
BEFORE: Rod Seiling Chair
11
12
13 ---------------REASONS---------------
14
15 Conducted in the Hearing Room of the Ontario
Racing Commission, 7th Floor, Suite 400,
16 10 Carlson Court Toronto, Ontario, on the 17th day
of April, 2008.
17
18
19 APPEARANCES:
20 Anthony Williams Counsel for the
Administration
21
Doug Forgie Representative for the Appellant
22
Bill Fines Supervisor Standardbred Racing
23
24
25
TORONTO COURT REPORTERS - TORONTO - ONTARIO
Reasons - Dennis Duford
1 ----- Upon resuming
2 ----------SHORT RECESS.
3 THE CHAIR: Standardbred Licensee
4 Dennis Duford has appealed Standardbred Ruling
5 30352 issued by the Judges on May 1, 2004 which
6 suspended his licence pending resolution of
7 issues in the United States; specifically the
8 State of Ohio.
9 The appellant; Dennis Duford, entered
10 into an Agreed Statement of Facts in which
11 certain facts were agreed to be true. The
12 Agreed Statement of Facts, together with certain
13 documents, were entered as Exhibit 1 and 2.
14 Included in the Agreed Statement of
15 Facts was a copy of an arrest warrant dated
16 March 15, 2004 for Mr. Duford; Exhibit 2, tab
17 5.
18 Mr. Duford still has two outstanding
19 felony charges against him. Those charges were
20 issued four years one month one day ago.
21 On May 1, 2004 the Judges at Western
22 Fair Raceway issued Ruling Standardbred 30352;
23 Exhibit 2, tab 8, suspending Mr. Duford under
24 Standardbred Rule 1.09 for conduct against the
25 best interests of racing by not looking after
TORONTO COURT REPORTERS - TORONTO - ONTARIO
Reasons - Dennis Duford
1 his problems in Ohio. Mr. Duford must supply
2 proper documentation to the Commission before he
3 can be reinstated.
4 On May 25, 2007, Gudrun Mueller-Wilm
5 wrote to ORC Vice-Chair Donnelly; Exhibit 5A,
6 regarding the reinstatement of Mr. Duford's
7 licence. Mr. Donnelly's reply referred to the
8 terms of the Judges' May 1, 2004 ruling Exhibit
9 2, tab 8.
10 Mr. Forgie, who prepared Mr. Duford,
11 asked for a stay for him and also asked if his
12 client were to reach a settlement with the U.S.
13 authorities that he may be able to be granted a
14 licence by the ORC once again. That is Exhibit
15 6 re the Carlo Fisco letter.
16 During the proceedings Mr. Williams
17 offered copies of relevant sections of the
18 Criminal code of Canada and Canadian Charter of
19 Rights and pointed out the difference between
20 the United States and pleading the 5th and
21 Canadian law.
22 Following a recess, the Panel was
23 informed Mr. Duford would not testify if he
24 would be cross-examined on U.S. events. The