RULING NUMBER COM SB 014/2014
COMMISSION HEARING TORONTO, ONTARIO – JUNE 6 & 9, 2014
NOTICE OF DECISION
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEALS OF GABRIELLA SASSO and RONALD ADAMS
Gabriella Sasso and Ronald Adams appealed the Orders of Immediate Suspension issued against them on May 20, 2014, by the Executive Director of the Ontario Racing Commission.
ORC Panel: Anthony Williams, Vice Chair
Representatives for the Appellants: Donald Leschied, Counsel
Brian Tropea, General Manager,
Ontario Horse Association
Representative for the Administration of the Ontario Racing Commission: Jennifer Friedman, Counsel
Decision upon an Application by the Appellants for a review of all redactions in the disclosure materials:
(i) Senior Judges Report
No further disclosure was appropriate;
(ii) Notebook Entries of Troy Moffatt, Investigator
Disclosure of one entry from redacted materials was found to be relevant to these proceedings;
(iii) Notebook Entries of Tyler Durand
(a) No further disclosure was appropriate for eight days of the notebook entries;
(b) Seventeen days of redacted notebook entries are not included in the unredacted notebook entries.
The Administration is required to provide to the Panel the unredacted notebook entries for these seventeen days, to permit a decision as to the relevance of the redacted materials;
(c) The Administration is also required to review a further four days of unredacted material and provide such disclosure to the Appellants, as is appropriate, of relevant information.
DATED at Toronto, this 19th day of June 2014.
Steven Lehman
Executive Director
REASONS FOR INTERIM DECISION
CHRONOLOGY
On December 21, 2010, Standardbred licensee Christopher Haskell (“Haskell”), ORC licence #V2372, was suspended by the ORC pending the outcome of criminal charges against him.
On January 30, 2014, Tyler Durand and Troy Moffatt, Investigators with the ORC, provided a preliminary report to the Deputy Director in relation to allegations that Haskell was acting as a hidden trainer for two standardbred licensees:
(i) Gabriella Sasso (“Sasso”), owner and trainer, licence #OA7129; and
(ii) Ronald Adams (“Adams”), trainer, licence #W8487.
On February 7, 2014, the track judges at Woodbine Racetrack, at Toronto, issued two Standardbred Official Rulings, pursuant to Rule 1.09 of the Rules of Standardbred Racing, which ordered that the purse monies of Sasso and Adams be held, as of 7 February 2014, pending completion of the investigation.
On March 19, 2014, the appeals by Sasso and Adams were heard by a panel of the ORC.
On March 27, 2014, the application for a stay of the Rulings was denied by the panel, without prejudice to subsequent applications based upon a change in circumstances.
On April 25, 2014, the Investigators provided their final report to the Deputy Director.
On May 20, 2014, the Executive Director of the ORC issued the following:
(i) Orders of Immediate Suspension against Sasso and Adams; and
(ii) Notices of Proposed Orders of Suspension against Sasso and Adams.
On May 20, 2014, Sasso and Adams filed Notices of Appeal against these Orders.
The Hearing was held on June 6 and 9, 2014, before a panel of the ORC.
Sasso and Adams requested the following:
(i) an opportunity to review all redactions in the disclosure materials;
(ii) a stay of the February 7, 2014, Rulings of the track judges which held their purse monies; and
(iii) a stay of the Orders of Immediate Suspension.
- This Interim Ruling is restricted to the requests by Sasso and Adams for the opportunity to review all redactions in the disclosure materials.
THE APPLICATION
- The Appellants sought an opportunity, through counsel, to review all redactions in the disclosure materials as follows:
(i) the Senior Judges Report, dated February 7, 2014 at Woodbine, 2 pp., Sasso: Ex. 2, Tab 9, at pp. 317-318; and Adams: Ex. 1(b), Tab 11, at pp. 456-457;
(ii) the Notebook Entries of Troy Moffatt, Investigator, 41 pp., Sasso: Ex. 2, Tab 5, at pp. 14-53; and Adams: Ex. 1(a), Tab 6, at pp. 21- 60; and
(iii) the Notebook Entries of Tyler Durand, Investigator, 41 pp., Sasso: Ex. 2, Tab 6, at pp. 54- 94; and Adams: Ex. 1(a), Tab 7, at pp. 61-101.
On June 9, 2014, counsel for the Administration provided the panel with three sealed envelopes.
The writing on the envelopes was as follows:
(i) “Unredacted Senior Judges Report (Feb 7/14)” (2 pp.);
(ii) “Unredacted Notes of Troy Moffatt” (cover page plus 41 pp.); and
(iii) “Unredacted Notes of Tyler Durand” (cover page plus 37 pp.)
- These envelopes contained the unredacted materials.
DISCLOSURE
Overview
All information in the possession of the Administration, relevant to the proceedings against Sasso and Adams must be disclosed to them.
Information that is clearly irrelevant or is subject to privilege is not subject to disclosure.
DECISION
- (i) Senior Judges Report
(a) I read the redacted Senior Judges Report for both Sasso and Adams.
(b) Thirty-two lines were redacted from this Report.
(c) I read the unredacted Senior Judges Report, Ex. A.
(d) The thirty-two lines which had been redacted were clearly irrelevant to these proceedings.
(e) There will be no further disclosure ordered from this redacted Report.
(f) I have returned the unredacted Senior Judges Report to its envelope and have marked the envelope Ex. A.
- (ii) Notebook Entries for Troy Moffatt
(a) I read the redacted notebook entries of Troy Moffatt for both Sasso and Adams.
(b) Thirty-four separate days in the disclosure materials contained redacted information.
(c) These days are as follows:
o Wednesday, December 4, 2013 2 ll. at p.22
o Wednesday, December 11, 2013 11 ll. at p. 23
o Monday, December 30, 2013 5 ll. at p. 24
o Tuesday, January 2, 2014 1 l. at p. 25
o Sunday, January 5, 2014 1 l. at p. 27
o Tuesday, January 7, 2014 2 ll. at p. 28
o Wednesday, January 8, 2014 1 l. at p. 30
o Monday, January 13, 2014 7 ll. at p. 31
o Wednesday, January 15, 2014 3 ll. at p.33
o Thursday, January 16, 2014 9 ll. at p. 33
o Friday, January 17, 2014 5 ll. at p. 34
o Monday, January 20, 0214 10 ll. at p. 35
o Tuesday, January 21, 2014 17 ll. at p. 36
o Wednesday, January 22, 2014 12 ll. at p. 37
o Friday, January 24, 2014 9 ll. at p. 38
o Monday, January 27, 2014 17 ll. at p. 38
o Tuesday, January 28, 2014 11 ll. at p. 40
o Wednesday, January 29, 2014 16 ll. t p. 41
o Friday, January 31, 2014 2 ll. at p 42
o Monday, February 3, 2014 6 ll. at p. 43
o Tuesday, February 4, 2014 7 ll. at p. 44
o Thursday, February 6, 2014 8 ll. at p. 46
o Friday, February 7, 2014 8 ll. at p. 47
o Monday, February 10, 2014 11 ll. at p. 48
o Tuesday, February 11. 2014 15 ll. at p. 49
o Wednesday, February 12, 2014 3 ll. at p. 50
o Thursday, February 18, 2014 8 ll. at p. 52
o Wednesday, February 19, 2014 9 ll. at p. 53
o Thursday, February 20, 2014 3 ll. at p 54
o Friday, February 21, 2014 4 ll. at p 55
o Saturday, February 22, 2014 4 ll. at p. 56
o Friday, March 21, 2014 2 ll. at p 57
o Thursday, March 27, 2014 1 l. at p. 59
o Thursday, April 10, 2014 7 ll. at p. 60
(d) I read the unredacted notebook entries, Ex. B.
(e) Thirty-three of the thirty-four days contained redacted information that was clearly irrelevant to these proceedings.
(f) A single day, Monday, January 13, 2014, contained information that may be relevant: “5:32 p.m. call to Jeremy and advise of a potential complaint from Sasso.”
(g) There will be no further disclosure ordered from the redacted notebook entries of Troy Moffatt.
(h) I have returned the unredacted notebook entries to their envelopes and have marked the envelope as Ex. B.
- (iii) Notebook Entries of Tyler Durand
(a) I read the redacted notebook entries provided in the disclosure materials for both Sasso and Adams.
(b) I read the unredacted notebook entries, Ex. C.
(c) Eight days of redacted notebook entries were matched by eight days of unredacted notebook entries.
(d) These days were as follows:
o Monday, January 6, 2014 2 ll. at p. 63
o Monday, January 20, 2014 1 l. at p. 67
o Wednesday, January 22, 2014 3 ll. at p. 68
o Tuesday, February 4, 2014 2 ll. at p 74
o Friday, February 21, 2014 1 l. at p. 81
o Monday, February 21, 2014 14 ll. at p. 82
o Wednesday, April 16, 2014 1 l. at p. 99
o Friday, April 25, 2014 2 ll. at p 100
(e) The unredacted notebook entries for these eight days contained information that was clearly irrelevant to these proceedings.
(f) There will be no further disclosure ordered for these eight days.
(g) Seventeen days in the redacted notebook entries are not included in the unredacted notebook entries.
(h) These seventeen days are as follows:
o Monday, January 13, 2014 2 ll. at p. 66
o Thursday, January 23, 2014 4 ll. at p. 69
o Wednesday, January 29, 2014 4 ll. at p. 70
o Thursday, January 30, 2014 1 l. at p. 71
o Monday, February 3, 2014 3 ll. at p. 73
o Tuesday, March 4, 2014 8 ll. at p. 83
o Thursday, March 6, 2014 10 ll. at p. 84
o Wednesday, March 7, 2014 2 ll. at p.85
o Wednesday, March 12, 2014 1 l. at p. 86
o Tuesday, March 18, 2014 1 l. at p. 87
o Wednesday, March 19, 2014 1 l. at p. 88
o Friday, March 21, 2014 3 l. at p. 89
o Wednesday, March 26, 2014 11 ll. at p. 91
o Monday, March 31, 2014 4 ll. at p. 92
o Friday, April 4, 2014 3 ll. at p. 94
o Monday, April 7, 2014 5 ll. at p. 95
o Friday, April 11, 2014 2 ll. at p. 96
(i) A decision cannot be made as to whether the redacted information in the disclosure may be relevant to these proceedings, in the absence of a review of the corresponding unredacted material.
(j) The Administration is required to provide to the panel the unredacted notebook entries for these seventeen days.
(k) Four days of notebook entries in the unredacted material have not yet been provided in disclosure.
(l) These four days are as follows:
o Tuesday, January 7, 2014 36 ll., 2 pp.
o Thursday, January 9, 2014 12 ll., 1 p.
o Tuesday, April 29, 2014 6 ll., 1 p.
o Wednesday, April 30, 2014 7 ll., 1 p.
(m) The Administration is required to review the unredacted material for these four days and to provide further disclosure to the Appellants of relevant information, as appropriate.
(n) I have returned the unredacted notebook entries to their envelope and marked the envelope Ex. C.
Dated this 19th day of June 2014.
Anthony Williams
Vice Chair