RULING NUMBER COM TB 001/2015

COMMISSION HEARING TORONTO, ONTARIO – MARCH 25, 2015

NOTICE OF DECISION

IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;

AND IN THE MATTER OF REQUEST FOR HEARING OF MICHELLE REDEL

Michelle L. Redel, licence # 127086, has requested a hearing, before the Ontario Racing Commission, regarding the Director’s Notice of Proposed Order to Refuse to Renew her licence.

Date of Hearing: March 25, 2015

ORC Panel: Sandra Meyrick, Commissioner

Counsel for the Appellant: Patrick Clifford

Counsel for the Administration: Catalin Tripon

Decision: The Panel ordered the matter adjourned to May 6, 2015 at 10:00 a.m.

A transcript with the Panel’s oral Reasons for Decision is attached to this Notice.

DATED at Toronto this 8^th day of April 2015.

______________________________

Steven Lehman

Executive Director

ONTARIO RACING COMMISSION

THOROUGHBRED HEARING

IN THE MATTER OF THE RACING COMMISSION ACT, 2000, S.O. C.20 AND THE RULES OF THOROUGHBRED RACING:

AND IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF MICHELLE REDEL:

Held Before:

Sandra Meyrick Commissioner

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: MICHELLE REDEL, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 25th day of March, 2015.

Appearances:

Catalin Tripon,

for the Ontario Racing Commission Administration

Patrick Clifford, agent for Redel

Hearing continued ...

MADAME CHAIRMAN: So we will reserve the day. I think it is probably prudent so that we don’t have to put it over again. I am going to mark it peremptory and so you are content to have your disclosure provided to the other side on or before April 24^th did you say or 25^th?

MR. CLIFFORD: 25^th, correct.

MADAME CHAIRMAN: And what will that look like? Do you have any other particular other than witness list?

MR. TRIPON: I just need a factum or some sort of a line of reasoning that the appellant wishes to disclose so that I can understand in what way.

MADAME CHAIRMAN: What the appeal is about.

MR. TRIPON: Yes, exactly.

MADAME CHAIRMAN: All right, so the factum would include, I think, maybe you should provide a list of witnesses. Normally a factum wouldn’t have a list of witnesses but perhaps that would be in addition.

MR. CLIFFORD: No, I have no problem doing that, absolutely and that was part of the problem today. I couldn’t secure witnesses for today.

MADAME CHAIRMAN: I saw that in your letter and it is understandable now that you have been – we are actually relieved to see counsel appointed to these files so it is helpful and we are obviously prepared to give you some time to get organized.

MR. CLIFFORD: I appreciate that, Madame Chairman. I am actually doing this on a pro bono basis. Ms. Redel is a former student of mine from a few years ago and I do think that there are some things in her favour and I’d just like her to have a right hearing of this.

MADAME CHAIRMAN: Okay and then you are going to respond on or before when, Mr. Tripon?

MR. TRIPON: I will in advance. According to the rules he will receive whatever additional amendments or additional factum we have to file.

MADAME CHAIRMAN: I don’t have a calendar in front of me but I’m assuming May the 1^st is not a Sunday or something like that, right?

MR. TRIPON: In case it is a Sunday then I will take care that the documents will be submitted prior to that Sunday not after.

MR. CLIFFORD: The hearing date we are talking about is May the 6^th.

MR. TRIPON: Yes.

MR. CLIFFORD: Which is a Wednesday. That’s a Wednesday.

MR. TRIPON: So that would be by Friday. Definitely I will have that detail, if necessary. I’m not sure as I did not see the submissions of the counsel.

MADAME CHAIRMAN: Okay, so I will make the following order. The matter is adjourned to May the 6^th. 10:00 time? I’m content with 9:30. 10:00?

MR. TRIPON: 10:00.

MR. CLIFFORD: 10:00.

MADAME CHAIRMAN: All right. That works for our court reporter too. It will be marked peremptory on Ms. Redel. Disclosure by Ms. Redel, the appellant, will be on or before April 25^th, 2015 which will include not only a factum but a list of witnesses. Do you want will-says or do you care?

MR. TRIPON: No.

MADAME CHAIRMAN: And the Administration will ensure that their responding materials, if there are any, will be provided to the other side on or before May 1^st and anything further?

MR. TRIPON: Thank you.

MADAME CHAIRMAN: That’s it? Okay. Thank you. Thank you both for coming today to speak to this.

MR. TRIPON: Thank you very much.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths