Ontario Racing Commission
RULING NUMBER COM 051/2012
COMMISSION HEARING TORONTO, ONTARIO - SEPTEMBER 6, 2012
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER OF A REQUEST FOR HEARING BY
Jeffrey BROOKS (# 6368T7) Terry BROOKS (#7306T0) Andrew BROOKS (# 962K25) Victoria BROOKS (#718K13) SEIZE THE DAY INDUSTRIES (# 085L81) GOLDFINGER ENTERPRISES (# 301L09) VAE LLC (#374J40) BULLETPROOF ENTERPRISES (#862K92)
On January 26, 2010, the Executive Director issued an Immediate Suspension Order, suspending the licences of Jeffrey Brooks and Bulletproof Stable (“Jeffrey Brooks and Stable”) and Terry Brooks, Andrew Brooks, Victoria Brooks, Seize the Day Industries, Goldfinger Enterprises, and VAE LLC Stable (“the Brooks family and Stables”).
On February 10, 2010, Counsel for all Parties noted above requested a Hearing in relation to this Order pursuant to s. 23(3) of the Racing Commission Act, 2000.
On February 2, 2012, a Notice of Proposed Order was issued against the aforementioned parties.
On February 17, 2012, Counsel for Jeffrey Brooks and Bulletproof Stables requested a Hearing in relation to this Notice of Proposed Order pursuant to 22(3) of the Racing Commission Act, 2000. On February 21, 2012, Counsel for the Brooks family and stables made the same request.
On September 6, 2012, a Panel of the Ontario Racing Commission (“ORC”), comprised of Vice-Chair James Donnelly, Commissioner Brenda Walker and Commissioner Dan Nixon was convened to hear pre-hearing motions.
Trudy Mauth appeared as Counsel for the Administration. Edward Greenspan appeared as counsel for Jeffrey Brooks and Stable at the pre-hearing motions. Robyn Ryan Bell appeared as counsel for the Brooks family and Stables.
The Applicants filed a motion with the Panel seeking an Order a) to Quash the Order of Immediate Suspension, b) Quash or permanently Stay the Proposed Order to Suspend Licences.
In the alternative, the Applicants requested an Order directing further particulars of the allegations underlying the ORC Orders be provided, such particulars to be delivered within 30 days of release of these reasons and b) an Order that no date be fixed for the Hearing of these allegations on the merits before expiration of 30 days following such release.
Upon hearing oral argument from all parties on September 6, 2012 and after reviewing the facta that had been submitted, the Panel makes the following findings:
Disclosure obligations have been fulfilled subject to the continuing obligation to make disclosure.
Having regard to volume, complexity and institutional capability, the disclosure was timely.
Adequate particulars of the Administration allegations have been furnished through the disclosure process.
There is no finding of abuse of process by the Administration.
The Application to quash firstly the Order of Immediate Suspension and secondly the Notice of proposed Order is dismissed.
The issue of investigative costs is reserved to be dealt with at the Hearing.
This matter should proceed expeditiously. The parties will have opportunity to agree on hearing dates. Failing agreement, this Panel will convene within 21 days of the release of these reasons to hear submissions upon an appropriate pre-emptory Hearing date.
The Panel’s Reasons for Decision is attached to this Ruling.
DATED at Toronto this 6^th^ day of November, 2012.
BY ORDER OF THE COMMISSION ______________________________
Rob McKinney Acting Executive Director
REASONS FOR DECISION
The Ontario Racing Commission (ORC) Licensees
David Brooks (Brooks) Jeffrey Brooks, his brother Terry Brooks, his wife Andrew Brooks, his son Victoria Brooks, his daughter Seize The Day Stable (Andrew Brooks) Goldfinger Stable (Terry Brooks) VAE LLC Stable (Andrew and Terry Brooks) Perfect World Stable (David Brooks, Victoria Brooks) Bulletproof Stable (from David Brooks to Andrew Brooks Sept 27, 2009, and to Jeffrey Brooks Dec 3, 2009)
Licence status
1David Brooks’ ORC licence was suspended November 16, 2007 in consequence of reciprocal enforcement of a racing suspension in Pennsylvania. The ORC licence had an expiry date in December 2007 and has not been renewed. On September 8, 2008, David