RULING NUMBER COM TB 011/2011
THOROUGHBRED STAY TORONTO, ONTARIO – AUGUST 23, 2011
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER OF THE REQUEST FOR A STAY 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 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;
AND WHEREAS SCHICKEDANZ commenced an application for judicial review;
AND WHEREAS on March 3, 2011, the Divisional Court granted an interlocutory stay until June 1, 2011;
AND WHEREAS 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;
AND WHEREAS 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;
AND WHEREAS on July 8, 2011, SCHICKEDANZ requested a further stay of Ruling # TB ADMIN 94/2010, pending a hearing before a Panel of the ORC;
AND WHEREAS on July 13, 2011, a further stay of Ruling # TB ADMIN 94/2010 was granted with the following conditions:
The hearing of this matter commence on or before August 31, 2011, failing which the stay will be immediately revoked;
Mr. Schickedanz keep the peace and be of good behaviour; and
Any violation of the Racing Commission Act, 2000, and/or the Rules of Thoroughbred Racing, 2009, will result in the immediate revocation of the stay;
TAKE NOTICE that the hearing of this matter has been scheduled to proceed on September 7, 2011, and the stay of Ruling #TB ADMIN 94/2010 is hereby 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 will be dealt with by the Panel seized of the matter.
DATED at Toronto this 23rd day of August 2011.
Rod Seiling
Chair