RULING NUMBER COM TB 012/2011

COMMISSION HEARING TORONTO, ONTARIO – September 7, 2011

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

THOROUGHBRED LICENSEE BRUNO SCHICKEDANZ

On December 20, 2010, the Director of the Ontario Racing Commission (“ORC”), issued Ruling TB 94/2010, which suspended the licence of Bruno Schickedanz (“SCHICKEDANZ”) (ORC Licence # 117459) for a period of 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); fined SCHICKEDANZ $8,000, payable to the LongRun Thoroughbred Retirement Society, and placed SCHICKEDANZ on probation for two years (January 1, 2011 – December 31, 2012), with conditions.

SCHICKEDANZ requested an appeal hearing with respect to Ruling TB 94/2010.

On September 7, 2011, a Panel of the ORC consisting of Commissioner David Gorman as Chair, Commissioner Brenda Walker and Commissioner Dan Nixon, was convened to hear the appeal.

Angela Holland and Jennifer Friedman appeared as counsel for the Administration, Peter Simm appeared as counsel for SCHICKEDANZ, SCHICKEDANZ attended the hearing in person, and Robert Centa appeared as Independent Legal Counsel to the Panel.

At the beginning of the Hearing a number of documents were entered as Exhibits, specifically:

1. Prehearing Motion Record of Bruno Schickedanz;

2. Book of Authorities for Prehearing Motions of Bruno Schickedanz;

3. Text of Relevant Provisions of Statutes, Regulations and Rules;

4. Response to Prehearing Motion;

5. Book of Documents of the Administration; and

6. Factum of the Administration.

During a late morning break Counsel for both parties, with the assistance of Mr. Centa, proposed the following Order on consent:

1. The Commission waives the time requirement to file the licensee’s pre-hearing motion record and orders that the motions were properly before the Commission on September 7, 2011;

2. The Administration of the ORC will provide particulars of the allegation that the licensee violated Rule 15.09.01(a) to the licensee on or before September 30, 2011;

3. The Administration of the ORC and the licensee will work to resolve all outstanding requests for disclosure;

4. If the licensee wishes the Commission to order any additional disclosure he shall bring a motion in writing to seek such disclosure on or before October 14, 2011;

5. The Administration of the ORC will provide a statement of anticipated evidence for each if its proposed witnesses to the licensee on or before September 14, 2011;

6. The Commission will permit the licensee to call some or all of his witnesses by way of electronic hearing. The licensee shall provide the Administration with a list of witnesses he intends to call by way of electronic hearing no later than 30 days before the commencement of the hearing. The Administration may bring a motion in writing to oppose calling any particular witness by way of electronic hearing;

7. The remaining parts of the licensee’s motion (relating to jurisdiction, lack of statutory authority, abuse of process, reasonable apprehension of bias, failure of the Director to give reasons, and lack of a prima facie case) are adjourned to a date to be fixed;

The licensee will deliver a factum (containing facts, relevant law and submissions) no later than 14 days before the return of the motion;

The Administration of the ORC will deliver a factum no later than 7 days before the return of the motion;

8. The stay will be extended on its existing terms pending further Order; and

9. The Panel will remain seized.

The panel accepts the proposed Order on consent. Dates for the resumption of the Hearing will be as soon as practical after this Order has been complied with.

Dated at Toronto this 8^th day of September, 2011.

Commissioner David Gorman