Ontario Racing Commission
draft
RULING NUMBER COM TB 002/2011
COMMISSION HEARING TORONTO, ONTARIO – APRIL 13, 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
MICHAEL WRIGHT JR.
Michael Wright (“Wright”) is currently licensed as a trainer with conditions, (ORC Licence. # 101817).
On August 5, 2009, an appeal was heard with respect to a Notice of Proposed Order to Refuse to Issue a Licence to Wright.
On August 12, 2009, pursuant to Ruling # TB 010/2009, the Panel ruled as follows:
Mr. Wright be granted a conditional trainer’s private licence;
To become valid, the unnamed private entity must come forward and satisfy the Administration that the racing entity’s connections are already licensed or will be satisfactorily licensed in Ontario;
The entity must certify that Mr. Wright’s business relationship is as a salaried person and that the entity is to be responsible for all expenses related to the operations of the stable racing business;
Failing Mr. Wright’s ability to secure a position as a private trainer, he can apply to be licensed as an assistant trainer. Further to his employment, the trainer must satisfy the Administration that Mr. Wright will not have any involvement with the business operations of the stable.
On November 19, 2010, Wright wrote to the Deputy Director, advising that he would like to upgrade his licence from private trainer to public owner/trainer.
On April 13, 2011, a Panel of the Ontario Racing Commission consisting of Chair Rod Seiling was convened to address Wright’s request to modify TB Ruling No. 10/2009 thereby allowing him to be eligible for a public owner/trainer’s licence.
Angela Holland appeared as counsel for the Administration. Wright appeared in person and was self-represented.
Upon reviewing the exhibits filed, and upon hearing the submissions of counsel for the Administration, and of Wright, the Panel denied Wright’s request.
The Panel’s Reasons for Decision is attached to this Ruling.
DATED at Toronto this 19th day of April, 2011.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
REASONS FOR DECISION
Overview
- Licensee Michael Wright appealed to the Ontario Racing Commission (ORC) to have his licence upgraded from its conditional status to public owner/trainer as per TB Ruling No. 10/2009.
Background
On August 5, 2009, a Panel ruled that Mr. Wright could be granted a conditional trainer’s private licence or an assistant trainer’s licence.
The ruling arose out of a hearing convened to hear Mr. Wright’s appeal of a Notice of Proposed Order to Refuse to Issue a Licence to him dated May 4, 2009.
Angela Holland, legal counsel for the ORC Administration stated that the ruling contained four conditions but it was unable to comment on the request as it lacked any authority to change the order. She did note that the appellant was currently under suspension for a positive drug test (clembuterol).
Mr. Wright, who represented himself, stated that he was making the request on an economic basis as it was difficult to find employment as a private trainer. He acknowledged that he could work as an assistant trainer but was unwilling on the basis that he was already a trainer.
Issue
- Should the Panel grant Mr. Wright’s request and modify TB Ruling No. 10/2009 thereby allowing him to be eligible for a public owner/trainer’s licence?
Decision
- After carefully listening to the testimony and reviewing the evidence and documents, the Panel denies the appeal.
Reasons for Decision
A licence to participate in horse racing in Ontario is a privilege not a right. Loss of that privilege acts as a deterrent and as such, should not be lightly treated as a mere waiver.
Losing one’s licence may well cause economic hardship. That in of itself is no reason for re-licensing or a shortening of time re the penalty time period. As a matter of policy, the ORC has a defined penalty scope, the more egregious the crime, the more severe the penalty. To be anything else would run afoul of the Commission’s legislated mandate.
Mr. Wright’s past activities were such that he lost that privilege. He was fortunate to be granted a conditional licence as opposed to the Proposed Order.
He was permitted the chance to practice his trade via TB Ruling 10/2009, albeit that it may be of the lesser as an assistant trainer.
It borders on the frivolous that Mr. Wright brought forward his request. That frivolity is exacerbated given he is currently under suspension for a medication rule violation.
DATED this 18th day of April, 2011.
Rod Seiling
Chair