Ontario
Racing
Commission
TB
RULING NUMBER COM SB 034/2008
COMMISSION HEARING TORONTO, ONTARIO – DECEMBER 16, 2008
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL OF
STANDARDBRED LICENSEE MICHAEL WASSILYN
Michael Wassilyn (“Wassilyn”), Driver/Trainer/Owner, Licence No. E12780, appealed against the penalties imposed in Standardbred Official Ruling SB 37859, on April 8, 2008, at Kawartha Downs Raceway, as a consequence of his driving actions in Race number 9 when driving the horse CR KING TRITON.
Wassilyn filed a Request for a Stay. By ruling SB 80/2008, Wassilyn was granted a stay.
On December 9, 2008, a Panel of the Ontario Racing Commission consisting of Vice Chair Hon. James Donnelly, Commissioner David Gorman, and Commissioner Pam Frostad, was convened to hear this matter.
Howard Cohen appeared on behalf of Wassilyn. Wassilyn was not in attendance at the Hearing. Maureen Harquail appeared as counsel for the Administration.
Mr. Cohen sought an adjournment of the matter on behalf of Wassilyn on the basis of incomplete and untimely disclosure, and also due to the appellant being out of the country. On hearing the submissions of counsel, the Panel ruled that the adjournment would be granted. The Panel noted that the Administration had satisfied its disclosure obligations to Wassilyn and, accordingly, no further productions from the Administration would be necessary.
The transcript with the Panel’s Reasons for Decision is attached to this Ruling.
DATED at Toronto this 18^th^ day of December 2008.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
1ONTARIO RACING COMMISSION
STANDARDBRED HEARING
2
IN THE MATTER OF THE Racing Commission Act,
3 2000, S.O. 2000, c 20
4
‑and‑
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IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF
6 MICHAEL WASSILYN
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BEFORE: Hon. James Donnelly Vice‑Chair
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Dave Gorman Commissioner
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Pam Frostad Commissioner
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14 ‑‑‑‑‑‑‑‑‑‑DECISION‑‑‑‑‑‑‑‑‑‑
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Hearing Conducted in the Hearing Room
16 of the Ontario Racing Commission, 10 Carlson Court,
Toronto, Ontario, M9W 6L2, on the 9th day of
17 December, 2008.
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19 ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
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APPEARANCES:
21
Maureen Harquail Counsel for the
22 Administration
23 Howard Cohen Representing Mike Wassilyn
24 Mike Wilson Assistant Supervisor,
Standardbred Racing
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TORONTO COURT REPORTERS ‑ TORONTO ‑ ONTARIO
1 VICE‑CHAIR: Counsel, I thank you for
2 your assistance in this matter. The Decision
3 of the Panel is that the matter will be
4 adjourned.
5 Mr. Cohen, in the Panel's view, you've
6 failed to make out a case for adjournment on the
7 basis of inadequate or improper disclosure.
8 You failed to make out a case for adjournment on
9 the basis of either emergency or compassionate
10 grounds.
11 The reasoning underlying the decision
12 is that the Panel is extending itself as far as
13 possible to give this man the opportunity to be
14 here.
15 The Panel makes a ruling that
16 disclosure to date has been complete and
17 adequate and it need not be repeated.
18 The Panel directs that the
19 Administration shall select the earliest
20 convenient Hearing date in January. Convenient
21 will be in the sense of convenient to the
22 Administration and convenient to the
23 witnesses.
24 It will not be necessary to consult
25 with Mr. Wassilyn in fixing that date and will
TORONTO COURT REPORTERS ‑ TORONTO ‑ ONTARIO
1 not be necessary to seek his approval.
2Mr. Wassilyn is notified by these
3Reasons that, if he does not attend, the matter
4 will proceed in his absence.
5 If for any reason it doesn't proceed
6 on that date, the Stay Order which is now in
7 force will be terminated as of that date by this
8 Order.
9 And, before we leave, I address myself
10 to the witnesses. It's profoundly unfortunate
11 that you're inconvenienced in this manner but
12 the greater good must prevail. I'm sorry that
13 ‑‑ I hope you understand. Thank you very
14 much.
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TORONTO COURT REPORTERS ‑ TORONTO – ONTARIO
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5 I hereby certify the foregoing to be
6 a true and accurate transcript as taken
7 by me to the best of my skill and
8 ability.
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11 _____________________________
12 Christine Gilmour, B.A.,C.S.R.
13 Toronto Court Reporters
14 1410 ‑ 65 Queen Street West, Box 69
15 Toronto, Ontario M5H 2M5
16 (416) 364‑2065
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TORONTO COURT REPORTERS ‑ TORONTO ‑ ONTARIO