MBER COM SB 041/2013
COMMISSION HEARING TORONTO, ONTARIO – APRIL 30, 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
TERRY BROOKS (#7306T0)
ANDREW BROOKS (#962K25)
VICTORIA BROOKS (#718K13)
SEIZE THE DAY INDUSTRIES (#085L81)
GOLDFINGER ENTERPRISES (#301L09)
VAE LLC (#374J40)
Terry Brooks, Andrew Brooks, Victoria Brooks, SEIZE THE DAY INDUSTRIES, GOLDFINGER ENTERPRISES and VAE LLC appealed against the Order of Immediate Suspension issued January 26, 2010, the Notice of Proposed Order issued February 2, 2012 and Ruling Numbers SB 19/2010,
SB 20/2010, SB 21/2010, SB 22/2010, SB 26/2010 and SB 27/2010.
Date of Hearing: April 30, 2013
ORC Panel Member: Chair Rod Seiling
Counsel for Appellants: Robyn M. Ryan Bell, BENNETT JONES LLP
Christopher S. McKenna, BENNETT JONES LLP
Counsel for the Administration: Trudy Mauth
Decision: The Panel accepted the Agreed Statement of Facts and approved the joint submission. The transcript from the Hearing and the Agreed Statement of Facts are attached to this Notice.
DATED at Toronto this 8th day of October 2013.
______________________________
Steven Lehman
Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF THE RACING COMMISSION ACT, 2000, S.O. 2000, C.20 AND THE RULES OF STANDARDBRED RACING
AND IN THE MATTER OF AN IMMEDIATE SUSPENSION OF THE LICENCES OF:
Terry S. Brooks (#7306T0)
Jeffrey R. Brooks (#6368T7)
Andrew S. Brooks (#962K25)
Victoria S. Brooks (#718K13)
Bulletproof Enterprises (#862K92)
Goldfinger Enterprises (#301L09)
Seize the Day Industries (#085L81)
VAE LLC (#374J40)
Held Before:
Rod Seiling, Chairman
These are the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: BULLETPROOF et al, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 30th day of April, 2013.
TORONTO COURT REPORTERS - TORONTO, ONTARIO
Appearances:
Trudy Mauth,
for the Ontario Racing Commission Administration
Christopher McKenna
for the appellants Terry Brooks, Andrew Brooks, Victoria Brooks, Seize the Day Industries, Goldfinger Enterprises, VAE LLC
TORONTO COURT REPORTERS - TORONTO, ONTARIO
MR. CHAIRMAN: All rise. Please be seated.
MS. MAUTH: Good morning, Mr. Chair.
MR. CHAIRMAN: Good morning.
MS. MAUTH: Thank you very much for ten minutes.
MR. CHAIRMAN: That's all right.
MS. MAUTH: We were collating.
MR. CHAIRMAN: So this is a continuation of the hearing of the appeal of Terry Brooks, Andrew Brooks and Victoria Brooks, correct?
MS. MAUTH: And their various related stables.
MR. CHAIRMAN: And related stables.
MS. MAUTH: Those stables are Seize the Day Industries, Goldfinger and VAE LLC.
MR. CHAIRMAN: And the agreement is still in place from both parties that notwithstanding Mr. Donnelly chaired the panel yesterday I am not seized, that both of you are in agreement that I can chair this settlement, group of settlements?
MS. MAUTH: On behalf of the Administration we are content.
MR. MCKENNA: We are content as well.
MR. CHAIRMAN: And just for the record your name is?
MR. MCKENNA: It is Christopher McKenna. I'll spell the last name, M-c-K-e-n-n-a.
TORONTO COURT REPORTERS - TORONTO, ONTARIO
MR. CHAIRMAN: Thank you. Then I guess how do you want to proceed, read them into the record?
MS. MAUTH: Please. Before underneath your book there, Mr. Chair, you have two documents. The document that we ask be part of the record and I'm prepared to read in today is the stand alone document that is entitled agreed statement of facts.
MR. CHAIRMAN: Okay.
MS. MAUTH: The other document is simply a minutes of settlement with the same agreed statement of facts attached to it, as between the two parties, sir, which really sets out the logistics of how payment is to be made et cetera. So we are not asking that that become part of the record nor should it. It was simply if the panel or yourself were interested in knowing the minutia of really of how payment ought to be made.
MR. CHAIRMAN: My sense is because I'm acting on behalf of Mr. Donnelly we should
mark, stamp these, and they should be provided to the Chair Donnelly at some point in time.
MS. MAUTH: That's fine but again in terms of what I am going to read in, the agreed statement of facts, and what is likely going to be attached perhaps or become the public document is that agreed statement
TORONTO COURT REPORTERS - TORONTO, ONTARIO
of facts not the minutes of settlement.
MR. CHAIRMAN: I hear you. All I am saying is that I would like to have something official that I can give to the person I'm standing in for.
MS. MAUTH: Right. The official document can be the agreed statement of facts.
MR. CHAIRMAN: So I'm going to title it just Exhibit 1 and the date. Would that be sufficient?
MS. MAUTH: Yes, please.
MR. CHAIRMAN: Exhibit 1, 4/30/13 and Terry, Andrew and Victoria. So what I have done is this agreed statement of facts I have made it Exhibit