RULING NUMBER COM SB 044/2010
COMMISSION HEARING TORONTO, ONTARIO – SEPTEMBER 14, 2010
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING BY
STANDARDBRED LICENSEE CHRIS DESROCHES
Standardbred Licensee Chris DesRoches (“DESROCHES”) appealed Ruling SB 91/2010, dated May 11, 2010, wherein he was suspended for failing to honour a judgment in favour of Freelton Feeds Inc., in the amount of $8,279.71, in violation of Rule 3.09 of the Rules of Standardbred Racing.
The appeal was originally scheduled to proceed on August 24, 2010, but DESROCHES was not in attendance.
As a result of DESROCHES’ non-attendance the Panel adjourned the hearing to September 14, 2010, on a peremptory basis.
On September 14, 2010, a Panel of the ORC consisting of Vice-Chair James Donnelly, Commissioner John Macdonald, and Commissioner David Gorman was convened to hear the matter.
Angela Holland appeared as counsel for the Administration. No one appeared on behalf of DESROCHES and DESROCHES was not in attendance.
Upon reviewing the exhibits filed, and upon hearing the testimony of Michael Wilson - Assistant Manager of Racing, and submissions of counsel for the Administration, the Panel ordered as follows:
i. The appeal is dismissed;
ii. Ruling SB 91/2010 is confirmed. However, if the parties are able to agree on a payment schedule, application may be made to the Director for licence reinstatement conditional upon compliance with the payment schedule;
iii. DESROCHES is to pay $200 in partial recovery of the costs thrown away in consequence of his failure to appear at the hearing, although duly notified.
The transcript with the Panel’s Oral Decision is attached to this Ruling.
DATED at Toronto this 17th day of September, 2010.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
ONTARIO RACING COMMISSION
RE: STANDARDBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF CHRIS DESROCHES;
Held Before:
James Donnelly, Vice Chairman
John Macdonald, Commissioner
David Gorman, Commissioner
This is an excerpt of a Hearing of the Ontario Racing Commission re: CHRIS DESROCHES, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 14th day of September, 2010.
Appearances:
Angela Holland,
counsel for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: The proof satisfactory to the panel has been filed that Mr. DesRoches is the beneficial owner of Armana Farms Inc. and accordingly the appeal is dismissed. The Director's order is confirmed. However, if the parties are able to agree on a payment schedule application may be made to the Director for license reinstatement conditional upon compliance with the payment schedule.
In addition, the appellant will pay $200.00 in partial recovery of costs thrown away in consequence of his failure to appear on this date, although, duly notified. Is there anything further?
MS. HOLLAND: No, sir. Thank you.
MR. CHAIRMAN: Thank you very much.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths