Bruno Schickedanz v. Administration of the Ontario Racing Commission, 2010 CanLII 99113

COMMISSION HEARING TORONTO, ONTARIO – DECEMBER 2

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

AND IN THE MATTER OF THE REQUEST FOR HEARING BY

THOROUGHBRED LICENSEE BRUNO SCHICKEDANZ

WHEREAS Bruno Schickedanz (“SCHICKEDANZ”) (ORC Licence # 117459) is licensed as an owner;

AND WHEREAS on December 20, 2010 the Director issued Ruling # TB ADMIN 94/2010, wherein he ordered the following:

(a) SCHICKEDANZ is hereby suspended for a period of 12 months, commencing January 1, 2011 (January 1, 2011 – December 31, 2011), with six months of the suspension to be stayed (July 1, 2011 – December 31, 2011); and

(b) SCHICKEDANZ is fined $8,000, said fine to be payable to the LongRun Thoroughbred Retirement Society, and SCHICKEDANZ is placed on probation for two years (January 1, 2011 – December 31, 2012) with the following conditions:

i. The licensee shall keep the peace and be of good behaviour;

ii. The licensee shall allow Commission investigators access to his stabling area at any time to conduct unannounced random searches to check on the health and welfare of his horses;

iii. The licensee may be subject to a Notice of Proposed Order in addition to any penalty imposed by the ORC Stewards for any breach of the terms of his licence; and

iv. Failure to comply with any of the above conditions while on probation will result in the automatic expiry of the six month stay;

AND WHEREAS on December 23, 2010, Mr. Peter Simm, counsel for SCHICKEDANZ, requested a stay of Ruling # TB ADMIN 94/2010;

AND WHEREAS on December 23, 2010, Ms. Angela Holland, counsel for the Administration, advised that the Administration would consent to a stay of Ruling # TB ADMIN 94/2010 on the condition that a hearing on the merits of this matter is dealt with no later than March 4, 2010;

TAKE NOTICE that Ruling # TB ADMIN 94/2010 is hereby stayed on the condition that a hearing on the merits of this matter is dealt with no later than March 4, 2011.

Dated at Toronto this 24th day of December, 2010.

Rod Seiling

Chair