RULING NUMBER COM SB 042/2013
COMMISSION HEARING TORONTO, ONTARIO – OCTOBER 4, 2013
NOTICE OF DECISION
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL OF FRANK BAKER JR.
Frank Baker Jr., appealed against Ruling Numbers SB 44676, SB 45677, SB 45678 and SB 45679.
ORC Panel Members: Commissioner John W. Macdonald
Representative for Appellant: Brian Tropea, (OHHA) as a friend
Counsel for the Administration: Jennifer Friedman
The Panel accepted the Agreed Statement of Facts.
Cost in the amount of $1,000 for withdrawing the appeal is applied.
A transcript with the Panel’s oral Reasons for Decision is attached to this Notice.
DATED at Toronto this 9^th^ day of October 2013.
Steven Lehman`
Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED 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 FRANK BAKER JR.:
Held Before:
John Macdonald Commissioner
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: FRANK BAKER JR., taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 4th day of October, 2013.
Appearances:
Jennifer Friedman,
for the Ontario Racing Commission Administration
Brian Tropea agent for the licensee Frank Baker Jr.
Hearing continued ...
MR. CHAIRMAN: Well on this basis I will order that the appeal be allowed to be withdrawn and that the decision that was made be confirmed as set out by the Judges in the official rulings SB 45676, 45677, 45678 and 45679 on May 31, 2013 and that the costs of $1,000 relating to the withdrawal of the appeal be accepted. Now to comment on that, the difficulty is, for Mr. Tropea, his client and the organizations that he has represented other people are aware, that costs have become a serious matter to the Commission and obviously the earlier the withdrawal the better. The withdrawal in this case would not have covered the time of the three Commissioners, for example, who had read the material that had been sent out prior to the appeal being heard. The ORC Administration tries to cover enough costs and that's why the policy 3-2010. It is difficult but once you know the matter is not going to go forward ideally the earlier we are told the better. Now is there anything else from either one of you?
MS. FRIEDMAN: No, thank you.
MR. TROPEA: No, nothing from me. Thank you, sir.
MR. CHAIRMAN: Thank you. This matter is now terminated.
MR. TROPEA: Thank you.
MS. FRIEDMAN: Thank you.
CERTIFIED CORRECT:______________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths