Ontario Racing Commission
TB
RULING NUMBER COM TB 010/2009
COMMISSION HEARING TORONTO, ONTARIO – AUGUST 5, 2009
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER IN THE APPEAL OF
MICHAEL WRIGHT
On May 4, 2009, a Notice of Proposed Order to Refuse to Issue a Licence was issued to Michael J. Wright Jr. ("Wright").
On May 13, 2009, Wright filed a Notice of Appeal.
On August 5, 2009, a Panel of the ORC, comprised of Chair Rod Seiling, Vice Chair Hon. James M. Donnelly, and Commissioner Brenda Walker, was convened to hear the appeal.
Jennifer Friedman appeared as counsel for the Administration. Wright appeared on his own behalf.
Upon hearing the testimony of Detective Constable Lorra Deasy, reviewing the exhibits filed, and upon hearing the submissions of Wright and the Administration, the Panel ruled as follows:
Mr. Wright be granted a conditional trainer's private licence;
To become valid, the unnamed private entity must come forward and satisfy the Administration that the racing entity's connections are already licensed or will be satisfactorily licensed in Ontario;
The entity must certify that Mr. Wright's business relationship is as a salaried person and that the entity is to be responsible for all expenses related to the operations of the stable racing business;
Failing Mr. Wright's ability to secure a position as a private trainer, he can apply to be licensed as an assistant trainer. Further to this employment, the trainer must satisfy the Administration that Mr. Wright will not have any involvement with the business operations of the stable.
The Panel's Reasons for Decision is attached to this Ruling.
DATED at Toronto this 12th day of August 2009.
BY ORDER OF THE COMMISSION
Rob McKinney Acting Executive Director
REASONS FOR DECISION
After listening to the testimony and reviewing the evidence and submissions, the Panel grants Mr. Wright's appeal.
The Panel orders that Mr. Wright be granted a conditional trainer's private licence. To become valid, the unnamed private entity must come forward and satisfy the Administration that the racing entity's connections are already licensed or will be satisfactorily licensed in Ontario. Furthermore, the entity must certify that Mr. Wright's business relationship is as a salaried person and that the entity is to be responsible for all expenses related to the operations of the stable racing business.
Failing Mr. Wright's ability to secure a position as a private trainer, he can apply to be licensed as an assistant trainer. Further to this employment, the trainer must satisfy the Administration that Mr. Wright will not have any involvement with the business operations of the stable.
The Panel notes its decision is consistent with the Ruling Board's policy of rehabilitation when and where it is warranted.
Mr. Wright's occupation of choice is horse racing. Provided that the public is adequately protected, he should not be denied that opportunity without due cause.
DATED this 12th day of August 2009.
Rod Seiling Chair