Ontario Racing Commission
DRAFT TB
RULING NUMBER COM SB 019/2009
COMMISSION HEARING TORONTO, ONTARIO – JULY 16, 2009
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF STANDARDBRED LICENSEE JAMES WHELAN
James Whelan (“Whelan”) sought to enter horses at Mohawk, which entries were denied on the basis of his failure to sign the 2008 Application for Access Rights of Woodbine Entertainment Group (“WEG”).
On May 4, 2009, the Ontario Racing Commission (“ORC”) Judges at Mohawk (the “Judges”) held a Hearing in respect to the denial of Whelan’s entries. The Judges ruled that, in accordance with ORC Rules 1.02, 5.11 and 7.06 of the Rules of Standardbred Racing, Whelan “must comply with WEG track rules if he wishes to enter horses at WEG tracks”. The Judges’ reasons for decision followed on May 12, 2009.
On May 12 and 19, 2009, counsel for Whelan served a Notice of Intention to Appeal the Judges’ decision and a Notice of Appeal to a Panel of the ORC respectively.
On May 20, 2009, counsel for Whelan requested a stay of the Judges’ decision.
On May 25, 2009, the Executive Director of the ORC issued Ruling Number SB 61/2009 wherein Whelan was granted a stay of the Judges’ decision pending the disposition of his appeal.
On June 5, 2009, a Notice of Hearing was issued to advise that a Panel of the ORC would be convening for the purposes of hearing the appeal on June 29, 2009.
On June 29, 2009, a Panel of the ORC consisting of Vice-Chair James M. Donnelly, Commissioner Brenda Walker and Commissioner Bernard F. Brennan, DVM, was convened to hear this matter.
Arlen Sternberg appeared as counsel for Whelan. David McCutcheon appeared as counsel for WEG. Jennifer Friedman appeared as counsel for the Administration of the ORC.
Upon considering the evidence, hearing the testimony of Whelan, Darryl McArthur, Jamie Martin, David Willmot, John Blakney, Rob McKinney, and Wendy Hoogeveen, reviewing the exhibits filed, and upon receiving the written closing submissions, the Panel ruled as follows:
I. The appeal filed by Whelan is dismissed with reasons to follow.
DATED at Toronto, this 11th day of September, 2009.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director