RULING NUMBER COM SB 009/2012
COMMISSION HEARING TORONTO, ONTARIO – MARCH 21, 2012
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
STANDARDBRED LICENSEE BRIAN ROY LAWSON (“Lawson”)
On November 1, 2011, the Ontario Racing Commission (“ORC”), by Ruling Number SB 053/2011, ordered that the three appeals by Lawson which had been adjourned, sine die, on May 10, 2005, (the appeals from occurrence dates December 8, 2003, December 9, 2003 and March 16, 2004):
(i) must be scheduled within 3 months of this date (November 1, 2011); and
(ii) must be heard no later than 2 months thereafter; or the appeals will be dismissed by this order.
The three appeals were scheduled to be heard on Wednesday, April 4, 2012, at 9:00 a.m. at Toronto before a Panel of the ORC.
The Application for Adjournment Hearing of the three appeals was scheduled for Wednesday, March 21, 2012 at 9:00 a.m. at Toronto.
On March 21, 2012, at 9:00 a.m., a Panel of the ORC was convened consisting of Commission Member John Macdonald, as Acting Chair, and Commission Member Dan Nixon.
Lawson did not attend the Hearing.
Lawson was not represented at the Hearing by counsel or other representative.
Anthony Williams appeared as counsel for the Administration of the ORC.
Upon reviewing the exhibits filed, Factum of the Respondent and a facsimile transmission letter dated March 20, 2012, from Arlene McCarthy, representative for Lawson, and upon hearing the submissions of counsel for the Administration of the ORC, the Panel ruled as follows:
(i) the request by Lawson for adjournments was denied;
(ii) the Hearings set for Wednesday, April 4, 2012 at 9:00 a.m. at Toronto are to proceed as scheduled.
(a) an order of $500 in costs for the Adjournment Hearing is made against Lawson;
(b) the costs are payable forthwith.
The oral Decision of the Panel is attached to this Ruling.
DATED this 21st day of March 2012.
BY ORDER OF THE COMMISSION ________________________________
John L. Blakney
Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF AN APPLICATION FOR 3 ADJOURNMENTS BY BRIAN ROY LAWSON
Held Before:
John Macdonald, Commissioner
Dan Nixon, Commissioner
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: BRIAN R. LAWSON, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 21st day of March, 2012.
Appearances:
Anthony Williams, for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: Our ruling is such that the request for adjournment will be denied. The hearing for April 4th will go on as scheduled and on top of that we feel that, and we feel we are being probably too lenient here but we will add a costs thrown away today payable by Mr. Lawson in the amount of $500.00 payable forthwith.
MR. WILLIAMS: Thank you,
MR. CHAIRMAN: Thank you. The matter is adjourned.
CERTIFIED CORRECT: _________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths