Ontario Racing Commission

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RULING NUMBER COM SB 002/2010

COMMISSION HEARING TORONTO, ONTARIO – JANUARY 26, 2010

IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;

AND IN THE MATTER IN THE APPEAL AND REQUEST FOR HEARING OF

STANDARDBRED LICENSEE RYAN REYNOLDS

On May 20, 2009, Ryan Reynolds (“REYNOLDS”) applied to be licensed as a Driver.

On September 17, 2009, a Notice of Proposed Order to Refuse to Issue a Licence was issued to REYNOLDS.

On October 2, 2009, REYNOLDS filed a Notice of Appeal to request a Hearing in connection with the Director’s Proposed Order to refuse to issue his licence.

On December 21, 2009, a Panel of the ORC, comprised of Chair Rod Seiling, was convened to hear the appeal. After the Hearing commenced, REYNOLDS requested an adjournment to retain counsel and/or to provide the Administration of the ORC with documentation. The Panel ordered that REYNOLDS furnish the Administration of the ORC with documentation within fifteen (15) days, and scheduled the Hearing to continue on January 26, 2010. The hearing date was peremptory on REYNOLDS.

On January 26, 2010, a Panel of the ORC, comprised of Chair Rod Seiling, reconvened to hear the appeal.

Jennifer Friedman appeared as counsel for the Administration. REYNOLDS was unrepresented.

Upon hearing the testimony of Lorra Deasy, Jeffrey Sleep, and REYNOLDS, reviewing the exhibits filed, and upon hearing the closing submissions, the Panel allowed the appeal in part and ordered the following:

1. Pursuant to clause 22(6)(b) of the Racing Commission Act, in three months from the date of this hearing:

a) The Director shall re-examine the testimony and facts related to the testimony of Ms. Deasy as it relates to the alleged attempt by Mr. Reynolds to have Mr. Henry be untruthful on his behalf;

b) Mr. Reynolds is to supply current updates on his continuance to be alcohol and drug free, to the satisfaction of the Director;

c) Mr. Reynolds is to satisfy the Director that he has no outstanding criminal charges and that all amounts owing related to the Highway Traffic Act, the Family Responsibility Act, etc., are fully satisfied.

2. Should the Director then decide that Mr. Reynolds is worthy of a licence then he may attach any conditions to the licence he so deems feasible.

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

DATED at Toronto this 1st day of February 2010.

BY ORDER OF THE COMMISSION

John L. Blakney

Executive Director

ONTARIO RACING COMMISSION

STANDARDBRED HEARING

IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF RYAN REYNOLDS

Held Before: Rod Seiling, Chairman

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: RYAN REYNOLDS, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 26th day of January, 2010.

Appearances: Jennifer Friedman,

for the Ontario Racing Commission Administration

Hearing continued…

MR. CHAIRMAN: All rise. Please be seated. After carefully reviewing the testimony, exhibits and documents filed under Section 22.6 I am setting aside the order of the Director and allowing the appeal in part. Under (b) of that same section the panel is ordering the Director in three months from the date of this hearing to re-examine the testimony and facts related to the testimony of Ms. Deasy as it relates to the alleged attempt by Mr. Reynolds to have Mr. Henry be untruthful on his behalf. Two, Mr. Reynolds is to supply current updates on his continuance to be alcohol and drug free, to the satisfaction of the Director. Three, Mr. Reynolds is to satisfy the Director that he has no outstanding criminal charges and that all amounts owing related to the Highway Traffic Act, the Family Responsibility Act, etcetera are fully satisfied and four, should the Director then decide that Mr. Reynolds is worthy of a license that he may attach any conditions to the license he so deems feasible.

This Commission has a policy on rehabilitation. Mr. Reynolds could have done a better job of providing information to the Commission on his application. As per his own admission, the Director acted appropriately in issuing a decision based on the information that Mr. Reynolds provided. Mr. Reynolds does not have a right to a license. His rationale for the need for a license to support his children, while compassionate, carries little weight when weighed against the need to preserve the integrity of horseracing. Mr. Reynolds has demonstrated remorse for his past actions and has shown that he has turned his life around. Hence, wasting the one year that has passed when he could have been licensed. That's my decision. Any questions? And just for your own benefit, Mr. Reynolds, I have put three months there for the Director to protect you. I want to ensure that you have all of your documentation, all court proceedings are finalized and complete and that you have the information necessary to provide the Director so that when he does look at your file he has a complete up to date picture that is all the evidence he needs to make a decision, not someone's word or not something else and if it takes longer than three months then I suggest that you get a hold of Ms. Friedman and ask for an extension. Questions?

MS. FRIEDMAN: No thank you.

MR. CHAIRMAN: Any questions?

MR. REYNOLDS: I do, sir and I'm sorry, I just want to clarify this. I am not going to be any way, shape or form, regardless of what I provide, licensed for another three months but within three months I have the opportunity to be licensed again. Is that it?

MR. CHAIRMAN: The Director will re-examine your file and I have directed him to in essence start an investigation as to the details related to the testimony of Ms. Deasy and did you in fact; you say there is another side to this story. I don't have any evidence other than what Ms. Deasy provided on the stand so I am asking that to be revisited. If in fact you did try and coerce Mr. Henry into being untruthful on your behalf I think you can guess what the decision of the Director will be.

MR. REYNOLDS: Well, certainly.

MR. CHAIRMAN: And then you have a court case that is supposedly now going to be February 2nd. I presume it will happen on February 2nd. You will need to have those discharges in place. If they are not forthcoming I suspect the Director will make a certain decision. You will need to be able to prove to the Director or his designate that all outstanding fines, penalties are paid. We have heard different testimony, they are, they aren't so you will need all that documentation and updates and again, you will also need to continue to supply updates on your continuance to be alcohol and drug free and I suggest you may want to check with Ms. Friedman how the best way to do that is, in essence to ensure that there is a satisfactory chain of command.

MR. REYNOLDS: So my responsibility then is to continuously be in touch with any or a number of people like Ms. Friedman or ...

MR. CHAIRMAN: I think Ms. Friedman would be a good contact person to start with and she may direct you to somebody else.

MR. REYNOLDS: And this, should I set up a time that this can be revisited being as my court date is on February the 2nd? Can it be expedited before?

MR. CHAIRMAN: I have said that it can't happen for a minimum of three months.

MR. REYNOLDS: So I can't get my license for a minimum of three months?

MR. CHAIRMAN: And that quite frankly is to protect you. I don't want you running back to the Commission with incomplete documentation and information. It is my belief that you could have and should have done a better job on your application and that perhaps; and you admitted yourself both when you were at the dais and when you gave testimony under oath, that the Director had made a correct decision based on the information he had in front of him.

MR. REYNOLDS: Certainly he did.

MR. CHAIRMAN: So what I am trying to do is to protect yourself, to protect you. I want to ensure there is enough time that you get all that information there so I'm saying it can't happen for at least three months. So in that way you may be ready before then but in the case that it is not that there is adequate time for you to get whatever you need and in that time frame you can find out in what form and format you will need to provide things. Ms. Friedman, any questions from you? I think it is pretty clear.

MS. FRIEDMAN: Just as a matter of clarification and for the benefit of Mr. Reynolds would it be helpful to maybe suggest that at the end of April for him to provide a package of material?

MR. CHAIRMAN: At the end of the three months from the hearing so today is the 26th so it would be pretty close to that. I'm sure he can be in touch with you.

MR. REYNOLDS: And just to be clear, that there is no option for me if I can provide this information or if these charges get thrown out one week from today on February the 2nd there is no way to expedite this process in any way, shape or form?

MR. CHAIRMAN: There is a whole bunch of other missing information that you need to track down that you said you don't have or couldn't get or whatever. I want to ensure that you have adequate time to get what you need.

MR. REYNOLDS: I certainly do. Could you just give me one second, sir?

MR. CHAIRMAN: Sure.

MR. REYNOLDS: I ‑‑

MR. CHAIRMAN: I am sure your friend behind you can help you with the documentation.

MR. REYNOLDS: He has helped me a lot, sir.

MR. SLEAP: I've said to him within the three months there is no problem. That's what I was saying.

MR. REYNOLDS: Thank you very much.

MR. CHAIRMAN: Thank you.

CERTIFIED CORRECT:____________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths