RULING NUMBER COM SB 042/2012
COMMISSION HEARING TORONTO, ONTARIO – OCTOBER 9, 2012
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER OF STANDARDBRED OFFICIAL RULING SB 43652
AND IN THE MATTER IN THE APPEAL AND REQUEST FOR HEARING BY
THE ADMINISTRATION OF THE ONTARIO RACING COMMISSION
On March 28, 2012, the Judges at Windsor Raceway issued Standardbred Official Ruling SB 43652 to Gordon McDonnell (“McDONNELL”).
On July 9, 2012, the Administration of the Ontario Racing Commission (“ORC”) appealed Standardbred Official Ruling SB 43652.
On July 12, 2012, the Chair of the ORC agreed to hear the appeal.
On September 10, 2012, a Notice of Hearing was issued to inform the parties that the appeal would be heard on October 17, 2012.
On September 28, 2012, counsel on behalf of the Administration of the ORC, notified counsel on behalf of McDONNELL that it wished to withdraw its appeal on the basis of procedural irregularities.
On October 9, 2012, a Panel of the ORC comprised of Chair Rod Seiling was convened for the purpose of hearing the withdrawal of the appeal.
G. Dewar Laing attended via telephone on behalf of McDONNELL. Jennifer Friedman appeared on behalf of the Administration of the ORC.
After reviewing the September 28, 2012, letter which was tendered as an exhibit, and upon hearing the submissions of counsel, the Panel accepted the request by the Administration of the ORC to withdraw its appeal and so ordered it withdrawn.
An excerpt of the transcript with the Panel’s Decision is attached to this Ruling.
DATED at Toronto this 17th day of October 2012.
BY ORDER OF THE COMMISSION
Steve Lehman
Acting Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING BY THE ADMINISTRATION OF THE ONTARIO RACING COMMISSION
Held Before:
Rod Seiling Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: GORDON MCDONNELL, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 9th day of October, 2012.
Appearances:
Jennifer Friedman counsel for the Ontario Racing Commission Administration
G. Dewar Laing counsel for Gordon McDonnell
Hearing continued ...
MR. CHAIRMAN: I am prepared to accept the request of the Administration to withdraw and order it so.
MS. FRIEDMAN: Thank you.
MR. LAING: Thank you very much, sir.
MR. CHAIRMAN: Thank you. Have a good day.
CERTIFIED CORRECT _________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths