Ontario Racing Commission
RULING NUMBER COM SB 026/2012
COMMISSION HEARING TORONTO, ONTARIO – JUNE 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 BY
GEORGE LAZARAVITCH
On March 26, 2003, the Deputy Director of the Ontario Racing Commission (“ORC”) issued an Order of Immediate Suspension and Notice of Proposed Order to Revoke the Standardbred Groom’s licence of George J. Lazaravitch (“LAZARAVITCH”).
On January 30, 2004, the Director of Racing of the ORC issued Ruling Number SB 18/2004 wherein the licence of LAZARAVITCH was revoked.
On March 12, 2008, the Deputy Director of the ORC issued Ruling Number SB 47/2008 wherein LAZARAVITCH was rendered ineligible to be licensed pursuant to Rule 3.02 of the Rules of Standardbred Racing until such time as he contacts the Deputy Director.
On February 17, 2012, LAZARAVITCH submitted an ORC Application for a Standardbred Groom’s Licence.
On February 23, 2012, the Acting Executive Director/Deputy Director sent a letter to LAZARAVITCH to advise him that his Application had been rejected in accordance with subsection 26(3) of the Racing Commission Act.
On February 23, 2012, LAZARAVITCH submitted a Notice of Appeal.
On May 15, 2012, a Notice of Hearing was issued to the parties to advise that a hearing will be held on June 19, 2012 at 10:30 a.m.
On June 19, 2012, a Panel of the ORC, comprised of Chair Rod Seiling, was convened to hear this matter.
LAZARAVITCH appeared on his own behalf. Jennifer Friedman appeared as counsel for the Administration of the ORC.
Upon considering the testimony of Detective Constable Lorra Deasy, Deputy Director Rob McKinney, and Jacqueline Jackson, considering the submissions of counsel for the Administration and of LAZARAVITCH and reviewing the exhibits, the Panel rendered an oral decision, dismissing the appeal, including the following:
1.) There has been no new evidence or material change.
2.) If the appellant keeps the peace and is of good behaviour he will be allowed to apply for an ORC licence on February 23, 2014.
The transcript with the Panel’s Oral Decision is attached to this Ruling.
DATED at Toronto this 19th day of June 2012.
BY ORDER OF THE COMMISSION __________________________________
John L. Blakney
Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER THE APPEAL AND REQUEST FOR HEARING OF GEORGE LAZARAVITCH
Held Before:
Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: GEORGE LAZARAVITCH, 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 June, 2012.
Appearances:
Jennifer Friedman, for the Ontario Racing Commission Administration
MR. CHAIRMAN: After carefully considering the submissions and reviewing the documents and the evidence Mr. Lazaravitch's appeal is denied. As per the submission of the ORC Administration there has been no new evidence or material change that would warrant his right to a license. An ORC license, as has been referred to in Carroll, Binkley and Manneke, is privilege not a right. Furthermore in paragraph 29 in Manneke which reads: "It would be unfair to them ..." and I'm adding other licensees "... to allow Mr. Manneke immediate re-entry into the industry given his transgressions and disrepute he brought to it." In that regard, the appellant has a dubious record of past criminal history stretching from 1991 to 2007 that includes multiple disregards for authority. Furthermore, according to Ms. Deasy he did not properly disclose on his new application from February 23rd, 2012 all his past violations. On that basis alone his application for license should be denied. Notwithstanding the unsuitability of the appellant for license at this time the ORC does believe in the policy of rehabilitation. On that basis the Commission will waive its policy regarding not allowing a suspended or ineligible person for licensing to work with race horses on a farm that have or will race within 60 days. If the appellant keeps the peace and is of good behaviour he will be allowed to apply for an ORC license on February 23rd, 2014, in the interim, Mr. Lazaravitch is advised that he should take immediate steps to be able to demonstrate that he has turned his life around. He has been given examples of some possible options that would help him come February 2014. Simply admitting his past mistakes may not be sufficient. Thank you.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths