RULING NUMBER COM TB 018/2011
COMMISSION HEARING TORONTO, ONTARIO – OCTOBER 27, 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 OF
THOROUGHBRED LICENSEE BRUNO SCHICKEDANZ
Bruno Schickedanz (“SCHICKEDANZ”) is licensed as an owner (ORC Licence # 117459).
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.
On December 24, 2010, Chair Rod Seiling issued Ruling COM TB 032(a)/ 2010, which stayed 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, 2011.
SCHICKEDANZ commenced an application for judicial review.
On March 3, 2011, the Divisional Court granted an interlocutory stay until June 1, 2011.
On May 24, 2011, Ruling # TB ADMIN 94/2010 was stayed until the determination of the judicial review application (bearing Divisional Court file no. 634/10).
On July 7, 2011, the judicial review application (bearing Divisional Court file no. 634/10), was heard by the Divisional Court and quashed as premature.
On July 8, 2011, SCHICKEDANZ requested a further stay of Ruling # TB ADMIN 94/2010 pending a hearing before a Panel of the ORC.
On July 13, 2011, a further stay of Ruling # TB ADMIN 94/2010 was granted with conditions.
A Hearing of this matter was scheduled to proceed on September 7, 2011, and the stay of Ruling #TB ADMIN 94/2010 was extended until the commencement of the hearing on September 7, 2011, or such other date in the event of rescheduling, at which time any further stays were to be dealt with by the Panel seized of the matter.
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. The Panel issued an Order in relation to procedural matters.
Subsequent to the appearance before the Panel, the Administration of the ORC and SCHICKEDANZ sought to resolve the matter by way of mediation.
On October 27, 2011, at the request of SCHICKEDANZ and the Administration of the ORC, a Panel of the ORC consisting of Commissioner David Gorman as Chair, Commissioner Brenda Walker and Commissioner Dan Nixon, was convened for the purposes of considering an Agreed Statement of Facts and Joint Submission on Disposition.
Peter Simm acted as counsel on behalf of SCHICKEDANZ. Jennifer Friedman appeared as counsel for the Administration of the ORC.
Upon considering the Agreed Statement of Facts, the Panel approved the Joint Submission on Disposition as follows:
Schickedanz is suspended for a period of twelve months, with twelve months of the suspension to be stayed; and
Schickedanz shall donate $16,000 to Equine Guelph at the University of Guelph to support an area of research that is mutually agreeable by the parties;
Schickedanz shall be responsible to pay the sum of $34,000 toward the costs incurred by the ORC in the investigation of and the conduct of the proceedings against him; and
Schickedanz is placed on probation from the date of the Panel’s Order until October 31, 2013, 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 areas in Ontario 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 twelve month stay.
The transcript with the Panel’s Oral Decision and the Agreed Statement of Facts and Joint Submission on Disposition are attached to this Ruling.
DATED at Toronto this 7th day of November 2011.
BY ORDER OF THE COMMISSION __________________________________
Rob McKinney
Acting Executive Director
ONTARIO RACING COMMISSION
THOROUGHBRED HEARING
IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF BRUNO SCHICKEDANZ
Held Before:
David Gorman, Commissioner
Brenda Walker, Commissioner
Dan Nixon, Commissioner
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: BRUNO SCHICKEDANZ, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 27th day of October, 2011.
Appearances:
Jennifer Friedman,
for the Ontario Racing Commission Administration
Peter A. Simm,
for licensee Schickedanz
Hearing continued ...
MR. NIXON: All rise.
MR. CHAIRMAN: Please be seated. Mr. Centa, are you still with us?
MS. FRIEDMAN: I hung up. I just said if you had questions for him that you would contact him.
MR. CHAIRMAN: Not a problem. Ms. Friedman, Mr. Simm, Mr. Schickedanz, obviously the panel is going to accept the joint submission and we do so without reservation, without hesitation and we want to thank Mr. Simm, Ms. Friedman, Ms. Holland perhaps before Ms. Friedman took the file, Mr. Centa and you, sir, Mr. Schickedanz for your cooperation in this matter. I think that it is always best if we can resolve it in that manner rather than go off down an unknown road. So the panel hereby orders that this be accepted and we thank all of you once again for your efforts in coming to this resolution. Thank you.
MS. FRIEDMAN: Thank you.
CERTIFIED CORRECT_______________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths