RULING NUMBER COM TB 002/2013
COMMISSION HEARING TORONTO, ONTARIO – JANUARY 16, 2013
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
THOROUGHBRED LICENSEE TERANCE JORDAN
On November 28, 2012, the Stewards issued Ruling Number TB 7948/12 wherein a six-month full suspension, $5,000 fine, and a two-year probation were imposed upon Terance Jordan (licence number 130114, “JORDAN”) for violating Rules 15.06.01(a)(b) and 15.06.03(c) of the Rules of Thoroughbred Racing (“TB Rules”) as a consequence of a Class III positive for Acepromazine.
On December 1, 2012, JORDAN filed a Notice of Appeal and requested a stay.
On December 7, 2012, the Deputy Director of the Ontario Racing Commission (“ORC”) issued Ruling Number TB ADMIN 723/2012 wherein JORDAN’S request for a stay was denied.
Counsel on behalf of JORDAN notified the Administration of the ORC that JORDAN wished to appeal the denial of a stay.
On December 7, 2012, counsel on behalf of JORDAN advised counsel on behalf of the Administration of the ORC that he wished to withdraw his appeal of the denial of a stay.
On January 16, 2012, a Panel of the ORC, comprised of Commissioner John Macdonald, was convened for the purpose of hearing the withdrawal of the appeal.
David Milburn participated via teleconference. Jennifer Friedman appeared in person on behalf of the Administration of the ORC.
Upon hearing the submissions of counsel, the Panel ordered the following:
a) The withdrawal of the appeal is allowed;
b) In accordance with Policy Directive No. 3-2010, JORDAN shall pay costs 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, Ontario, this 22nd of January 2013.
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 TERRY JORDAN
Held Before:
John Macdonald, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: TERRY JORDAN, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 16th day of January, 2013.
Appearances:
Jennifer Friedman,
for the Ontario Racing Commission Administration
David Milburn,
for the appellant Terry Jordan
Hearing commenced ...
MR. CHAIRMAN: Mr. Milburn, I think you and counsel here have established that the amount involved is $400.00 and that would be payable by Mr. Jordan as a condition of the continuing licensing as the cost relating to the withdrawal of the appeal. If that is correct then I will so make the order and that will be the end of this matter.
MR. MILBURN: Sorry, I'm still having a little difficulty hearing. I believe I heard that the amount of $400.00 is due and payable by Mr. Jordan forthwith?
MR. CHAIRMAN: That's correct.
MR. MILBURN: Yes, that's agreed. I'm appearing today as agent for my client Terry Jordan and I want to thank the Commission very much for allowing this attendance by speaker phone given that both myself and my client are located in Vancouver, British Columbia.
MR. CHAIRMAN: Thank you. I will order that the costs of the stay withdrawal be fixed at $400.00.
MS. FRIEDMAN: Thank you.
MR. CHAIRMAN: Thank you, Mr. Milburn.
MR. MILBURN: Thank you. Goodbye.
CERTIFIED CORRECT_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths