RULING NUMBER COM SB 021/2014
COMMISSION HEARING TORONTO, ONTARIO – JULY 29, 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 DAN CREIGHTON
Dan Creighton, licence number C120176, appealed against Ruling Number SB 35/2014.
Date of Hearing: July 29, 2014
ORC Panel Member-: Commissioner Sandra Meyrick
Counsel for Appellant: James H. Cooke
Counsel for the Administration: Jennifer Friedman
Decision: The Panel:
(i) Denied the request for a stay of the Order of Immediate Suspension.
(ii) The appeal of the Order of Immediate Suspension will be heard no later than September 15, 2014.
A transcript with the Panel’s oral Reasons for Decision is attached to this Notice with written Reasons for Decision to follow.
DATED at Toronto this 30th day of July 2014.
Rob McKinney
Acting 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 DON CREIGHTON:
Held Before:
Sandra Meyrick Chairperson
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: DON CREIGHTON, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 29th day of July, 2014.
Appearances:
Jennifer Friedman for the Ontario Racing Commission Administration
James H. Cooke, for the licensee Don Creighton
Hearing commenced ...
MADAME CHAIR: Please sit. Okay, so in regard to ruling number SB 35/2014 this is an appeal and request for stay of the order of immediate suspension by standardbred licensee Don Creighton. By Rule 22.06 of the Rules of Standardbred Racing the Director of the ORC may deny or grant a request for a stay pending disposition of an appeal. Upon reviewing the books of documents provided by the Administration, three volumes in all, the factum of the Administration, the oral evidence of Mr. Creighton and the factum of Mr. Creighton and upon hearing submissions of counsel the appeal is denied. Pending the appeal of the issues the terms of Mr. Creighton's immediate suspension shall continue. The objective of the ORC is to govern, direct and control and regulate horse racing in Ontario in any and all of its forms. The public has a legitimate expectation that the ORC will discharge its regulatory duties effectively and Mr. Creighton in this case is fully aware that he is participating in a highly regulated industry. Immediate suspension is an extraordinary remedy which is used infrequently. The ORC must be satisfied that granting a stay is both in the public interest and in the best interest of horseracing. The ORC has developed a no stay policy unless extraordinary or mitigating circumstances can be demonstrated through clear, cogent and compelling evidence. The onus at this stage of the proceedings is on the appellant. I am not satisfied that the appellants have discharged their obligation to show that there are serious mitigating circumstances that the balance of convenience warrants a stay or that the public interest is protected by a stay. The appeal of this matter shall be heard expeditiously and no later than September the 15th, 2014. Subject to the availability of ORC panel members parties have made themselves available September 3 through 5, 2014. Written reasons will follow. Any questions?
MS. FRIEDMAN: No, thank you.
MS. MEYRICK: Thank you.
CERTIFIED CORRECT:_______________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths