RULING NUMBER COM SB 019/2014
COMMISSION HEARING TORONTO, ONTARIO – JULY 16, 2014
NOTICE OF DECISION
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL OF YVES TESSIER
Yves Tessier, licence # E45996 appealed against an:
(i) Order of Immediate Suspension
and a
(ii) A Notice of Proposed Order
issued against him by the Director of the Ontario Racing Commission.
Date of Hearing: July 16, 2014
ORC Panel Members: Anthony Williams, Vice Chair
Representative for Appellant: Self-represented, also assisted by his wife, Karen Brown
Counsel for the Administration: Jennifer Friedman
On July 16, 2014, at 5:00 p.m., a hearing was held in this matter by teleconference.
On consent, an Order is to go as set out in the joint proposal in the July 16, 2014 letter of Counsel for the Administration:
Mr. Tessier to withdraw his appeal;
No costs shall be imposed for the appeal withdrawal;
Quash the Immediate Suspension of Yves Tessier;
Vacate the Director’s Proposed Order issued to Mr. Tessier.
The letter is attached to this Notice.
DATED at Toronto this 17th day of July 2014.
Steven Lehman
Executive Director
Ontario Racing Commission
Commission des courses de l’Ontario
Suite 400 10 Carlson Court Toronto, Ontario M9W 6L2 Tel 416 213-0520 Fax 416 213-7827
Bureau 400 10 Carlson Court Toronto (Ontario) M9W 6L2 Tél 416 213-0520 Téléc 416 213-7827
July 16, 2014
URGENT
Vice Chair Anthony Williams Ontario Racing Commission 10 Carlson Court Suite 400 Toronto, Ontario M9W 6L2
Dear Vice Chair Williams:
RE: In the Matter of the Appeal and Request for Hearing of Colin Johnson
In the Matter of the Appeal and Request for Hearing of Yves Tessier
This is further to the oral decision, which was delivered yesterday afternoon, in the matter of the Appeal of Colin Johnson. Among other things, one of the issues raised during the course of the Hearing was the implications of the decision concerning Mr. Johnson upon the regulatory fate of Yves Tessier.
I contacted Mr. Tessier this morning in regards to the foregoing. Mr. Tessier and the Administration of the Ontario Racing Commission (“ORC”) have the following proposal in regards to his outstanding appeal:
Mr. Tessier to withdraw his appeal;
No costs shall be imposed for the appeal withdrawal;
Quash the Immediate Suspension of Yves Tessier;
Vacate the Director’s Proposed Order issued to Mr. Tessier.
Given that time is of the essence in this matter, the Administration of the ORC and Mr. Tessier are seeking to have a swift resolution of this matter via conference call as follows:
Wednesday July 16, 2014 at 3:00pm, 4:00pm, or 5:00pm, or
Thursday July 17, 2014 at 10:00am or 4:00pm.
Please advise the parties as to whether a conference call will be scheduled.
Yours very truly,
(original signed by)
Jennifer Friedman Litigation Counsel
c. Yves Tessier, Larry Todd