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
BETTY HAGEY
On September 21, 2011, Betty Hagey (“HAGEY”) took the Horsemen’s Benevolent and Protective Association (“HBPA”) Thoroughbred Trainer’s Test (“the Test”).
On December 8, 2011, HAGEY wrote to the Ontario Racing Commission (“ORC”) to request a Ruling by the Stewards in connection with the Test.
On March 29, 2012, a Stewards’ Hearing was convened.
On March 29, 2012, the Stewards issued Ruling Number TB 7441/12 wherein they rendered HAGEY ineligible to be licensed as a Thoroughbred Trainer until such time as she obtains approval from HBPA, pursuant to Rule 29.10 of the Rules of Thoroughbred Racing.
On April 5, 2012, HAGEY submitted an appeal of Ruling Number TB 7441/12.
On May 11, 2012, a Notice of Hearing was issued to notify the parties that the appeal will be heard on June 19, 2012 at 9:00 a.m.
On June 19, 2012, a Panel of the ORC, comprised of Chair Rod Seiling, was convened to hear this matter.
HAGEY appeared on her own behalf. Jennifer Friedman appeared as counsel for the Administration of the ORC.
As a preliminary matter, the Administration brought a motion to have the matter dismissed. Upon considering the submissions of counsel for the Administration and of HAGEY, and reviewing the exhibits, the Panel accepted the motion and denied HAGEY’S request for a Hearing.
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
THOROUGHBRED HEARING
IN THE MATTER THE APPEAL AND REQUEST FOR HEARING OF BETTY HAGEY
Held Before: Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: BETTY HAGEY, 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: All rise. Please be seated. After carefully listening to the submissions regarding the preliminary motion the panel accepts the motion and therefore denies the request for a hearing by Ms. Hagey. The reason for this decision is that the Commission does not have jurisdiction. To accept the request would set a bad precedent as relates to further requests for hearing where the facts clearly indicate no jurisdiction exists. Moving forward and holding a hearing would also use up scarce ORC resources. This Commission has a responsibility to use these resources judiciously. Ms. Hagey did not offer any evidence that there are problems with the HPBA test itself or the standards related to the test, that they are unreasonable. It is therefore reasonable to conclude that with no other concerns registered with either the HPBA or the ORC regarding the test or its standards Ms. Hagey's issues relate more to her not passing the test. The stewards' review of her test is further proof of the validity of this fact. Ms. Hagey had another option which she did not, for unknown reasons, choose to pursue. The HPBA offered her to try the test again. Thoroughbred rule 29.10 clearly sets out that the trainer test is to be "laid down by the Ontario Horsemen's Benevolent and Protective Association". To act on the basis of the test Section 11 number 7 regarding the rights of aggrieved by decision under its delegated power requires evidence that there is something fundamentally wrong with the test or its standards as submitted by Ms. Friedman. Failing the test does not meet the standard notwithstanding the appellant is not happy with the result of her test results. There was never any intent that this Commission should become involved in the testing business. To grant this request would surely be the end result. Thank you.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths