RULING NUMBER COM TB 026/2012
COMMISSION HEARING TORONTO, ONTARIO – DECEMBER 19, 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 OF
FORT ERIE LIVE RACING CONSORTIUM
On September 5, 2012, Fort Erie Live Racing Consortium, (“FELRC”) appealed the Director’s denial of its request to distribute the underpayment to owners, trainers, and jockeys based on their purse earnings (remaining purse account funds at March 31, 2013).
On November 22, 2012, a Notice of Hearing was issued to advise the parties that the appeal would be heard on December 19, 2012.
On November 26, 2012, FELRC notified the Administration of the ORC of its intention to withdraw its appeal.
On December 5, 2012, FELRC and counsel for the Administration of the ORC arrived at a joint submission pursuant to Policy Directive No. 3-2010.
On December 19, 2012, a Panel of the Ontario Racing Commission (“ORC”), comprised of Chair Rod Seiling, convened for the purpose of considering the withdrawal of the appeal.
Tom Miller appeared on behalf of the Administration of the ORC. Tom Valiquette participated by telephone on behalf of FELRC.
The Panel confirmed the withdrawal of the appeal, with costs payable to the Administration of the ORC in the amount of $400.
A transcript of the Panel’s Oral Decision is attached to this Ruling.
DATED at Toronto this 21st day of December 2012.
BY ORDER OF THE COMMISSION ____________________________
Steven Lehman
Executive Director
ONTARIO RACING COMMISSION
THOROUGHBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF FORT ERIE LIVE RACING CONSORTIUM
Held Before:
Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: FORT ERIE LIVE RACING CONSORTIUM, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 19th day of December, 2012.
Appearances:
Tom Miller, agent for the Ontario Racing Commission Administration
Hearing commenced ...
MR. CHAIRMAN: So I have in front of me your request to withdraw your appeal. I will grant the request to withdraw your appeal and based on policy - I will just have to get the documentation here. Based on our policy directive 3/2010 the appellant is fined the sum of $400.00 for dropping an appeal after such time that the ORC has expended time and resources preparing for the licensee's hearing. So I think that concludes the hearing and I can adjourn it. Anything from you, Mr. Valiquette?
MR. VALIQUETTE: No, that's fine.
MR. CHAIRMAN: Okay, so we are adjourned. Thank you.
CERTIFIED CORRECT________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths