AND IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF CORY FULLER

On November 14, 2008, the Judges at Western Fair issued Standardbred Official Ruling SB 39178 to Cory Fuller (“FULLER”) for violating Rules 6.46.01(b) and (d) of the Rules of Standardbred Racing, with a fine in the amount of $1000 and, pursuant to Policy Directive No. 3-2008, a one-year probation (for the period November 15, 2008 to November 14, 2009) with the following condition: “the licensee shall keep the peace and be of good behaviour”.

FULLER appealed Standardbred Official Ruling SB 39178 to a Panel of the Ontario Racing Commission (“ORC”).

On April 7, 2009, a Panel of the ORC, comprised of Chair Rod Seiling, Commissioner David Gorman and Commissioner Pamela Frostad, was convened to hear the appeal.

Jennifer Friedman appeared as counsel for the Administration. FULLER appeared on his own behalf.

Upon hearing the testimony of ORC Investigator Oleh Kupraty, Associate Judge Brett Revington, and FULLER, reviewing the exhibits filed, and upon hearing the closing submissions, the Panel denied the appeal.

In addition, the Panel also imposed a $1,000 penalty upon FULLER on the basis of a frivolous appeal, pursuant to subsection 11(8) of the Racing Commission Act, and section 1 of Ontario Regulation 664/00, Frivolous Appeals.

The transcript with the Panel’s Reasons for Decision is attached to this Ruling.

DATED at Toronto this 15th day of April 2009.

BY ORDER OF THE COMMISSION

John L. Blakney

Executive Director

ONTARIO RACING COMMISSION

STANDARDBRED HEARING

IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF CORY FULLER

Held Before:

Rod Seiling, Chairman

David Gorman, Commissioner

Pamela Forstad, Commissioner

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: CORY FULLER, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 7th day of April, 2009.

Appearances:

Jennifer Friedman,

for the Ontario Racing Commission Administration

Hearing continued ...

MR. CHAIRMAN: All rise. Please be seated. I apologize for being longer than fifteen or twenty minutes. It took us longer to get it written out. After hearing the testimony and reviewing the evidence and submissions the panel denies Mr. Fuller's appeal.

Therefore, the Judges' ruling SB39178 dated November 14th, 2008 is upheld. He is fined $1,000.00 and put on probation for one year for a period to commence today April 7th, 2009 and expire on April 6th, 2010.

With respect to the Administration's request for a finding of a frivolous appeal and costs the panel accepts the Administration's request and imposes a penalty on Mr. Fuller of $1,000.00.

The reasons for decision: Mr. Fuller is in violation of Standardbred Rule 6.46.01 as per the agreed statement of facts, Exhibit 2, part 1, paragraph 8. The panel accepts the Administration's request for a finding of frivolous appeal. He agreed to the facts as presented in the factum and did not offer any clear, compelling or cogent explanation for his actions. This Commission has a responsibility to the industry to use its resources judiciously as its funding is provided by the industry. This is our decision. If there are any questions we are prepared to deal with them but I think it is fairly clear. Mr. Fuller, any questions?

MR. FULLER: What is the next? Do you appeal it to a Federal Court then for a fair trial? That's when the lawyer said he would go if it proceeded today.

MR. CHAIRMAN: Well, if you talk to Ms. Friedman she can explain to you your options in terms of where you can take it next in terms of appeal.

MR. FULLER: Right.

MS. FRIEDMAN: Thank you.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths

Cory Fuller v. Ontario Racing Commission, 2009 CanLII 92446

Case Summary

AND IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF CORY FULLER