# RULING NUMBER COM QH 001/2013
COMMISSION HEARING TORONTO, ONTARIO – MAY 13, 2013
NOTICE OF DECISION
IN THE MATTER OF THE RACING COMMISSION ACT, [S.O. 2000, c.20](https://www.canlii.org/en/on/laws/stat/so-2000-c-20/latest/so-2000-c-20.html);
# AND IN THE MATTER OF THE DARLENE HUNDERUP APPEAL
Darlene Hunderup appealed against Ruling Number QH 7809/2012.
Date of Hearing: May 13, 2013
ORC Panel Members: Chair Rod Seiling
Counsel for the Appellant: Larry Todd
Counsel for the Administration: Jennifer Friedman
The Panel denied the appeal.
A transcript with the Panel’s oral Reasons for Decision is attached to this Notice.
DATED at Toronto this 23<sup>rd</sup> day of May 2013.
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Steven Lehman
Executive Director
ONTARIO RACING COMMISSION
THOROUGHBRED HEARING
IN THE MATTER OF THE RACING COMMISSION ACT, 2000, S.O. C.20 AND THE RULES OF STANDARDBRED RACING:
AND IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF DARLENE BALLIS-HUNDERUP:
Held Before:
Rod Seiling Chairman
These are the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: DARLENE BALLIS-HUNDERUP, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 13th day of May, 2013.
Appearances:
Jennifer Friedman,
for the Ontario Racing Commission Administration
Larry Tood, for the licensee Darlene Ballis-Hunderup
Hearing continued ...
MR. CHAIRMAN: All rise. Please be seated. So this a hearing under the Racing Commission Act, 2000 in the matter of a request for an appeal by Darlene Ballis-Hunderup.
MS. FRIEDMAN: Good afternoon, Mr. Chair. I will be acting as counsel on behalf of the Administration and Mr. Todd is present and he will be acting as counsel for the appellant. We have had an opportunity to speak in advance of this matter and we have arrived at a joint resolution.
MR. CHAIRMAN: Okay.
MS. FRIEDMAN: I believe you have the paperwork before you?
MR. CHAIRMAN: I have two pieces of paper in front of me here. I have a letter from Mr. Todd dated April 17th of this year that I propose to enter that as Exhibit 1 and I have a letter from you a day later April 18th back to Mr. Todd. I propose to enter that as Exhibit 2.
MS. FRIEDMAN: Thank you.
EXHIBIT NO. 1:letter dated April 17, 2013.
EXHIBIT NO. 2:letter dated April 18, 2013.
MS. FRIEDMAN: In addition, the ruling of the stewards?
MR. CHAIRMAN: I just was handed that on my way in. Why don't we make that Exhibit 3. So Exhibit 3 filed by the Administration is Stewards ruling 7809/2012.
EXHIBIT NO. 3:Stewards ruling 7809/2012.
MS. FRIEDMAN: Thank you. That particular ruling Exhibit number 3 was a penalty of nine months for the period October 3, 2012 to July 2, 2013 as well as a fine in the amount of $3,500 and a two year probation. We have arrived at a resolution as follows. Suspension until May 31, 2013. The balance of that suspension being June 1, 2013 to July 2, 2013 to be stayed.
MR. CHAIRMAN: The balance from June 1, 2013 to?
MS. FRIEDMAN: July 2, 2013.
MR. CHAIRMAN: Okay.
MS. FRIEDMAN: The fine in the amount of $3,500 will be reduced to a fine in the amount of $2,000 with $1,500 to be stayed.
MR. CHAIRMAN: Okay.
MS. FRIEDMAN: And the two year probation as per Exhibit number 3, the third page outlines five terms.
MR. CHAIRMAN: Okay.
MS. FRIEDMAN: The parties are agreeable to the probation being on those terms for that period July 1, 2013 to June 30, 2015.
MR. CHAIRMAN: Mr. Todd, that's your understanding as well as outlined by Ms. Friedman?
MR. TODD: Yes, sir with one minor exception. I would have thought that the probation period should have started - we have reduced the penalty so it should start June 1st as opposed to July 1st?
MR. CHAIRMAN: Seems reasonable.
MR. TODD: Pardon me?
MR. CHAIRMAN: I think it seems reasonable.
MS. FRIEDMAN: Thank you.
MR. CHAIRMAN: Okay. Well, I'm prepared to accept and rule on the resolution. I want to congratulate both of you for arriving at that and saving us the time and exercise of a full hearing. So I think that's as far as we need to go. Accepted and so ruled.
MS. FRIEDMAN: Thank you.
MR. TODD: Thank you, sir.
CERTIFIED CORRECT:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths
minicounsel