RULING NUMBER COM TB 020/2014
COMMISSION HEARING TORONTO, ONTARIO – DECEMBER 17, 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 CHRIS WORONCHAK
Chris Woronchak has requested a hearing in respect of the Director’s Notice of Proposed Order dated September 25, 2014, to Refuse to issue a Thoroughbred Licence to Woronchak pursuant to section 22 of the Racing Commission Act, wherein Woronchak may not apply for a licence for two years (September 25, 2014 to September 24, 2016, inclusive).
Dates of Hearing: December 17, 2014
ORC Panel: Sandra J Meyrick, Commissioner
Representative for the Appellants: Self Represented
Counsel for the Administration: Angela Holland, Counsel
The Panel denied the appeal.
The Panel’s Reasons for Decision is attached to this Notice.
DATED at Toronto this 5th day of January 2015.
Steven Lehman
Executive Director
REASONS FOR DECISION
This is an Appeal and Request for Hearing brought by Chris Woronchak. Woronchak seeks an order permitting him a licence to enter the restricted areas of the racetrack for the purpose of selling feed. To that end, Woronchak seeks a licence as a tradesperson. Woronchak also seeks an order that the Order prohibiting him from applying for a Licence commence to run on May 1, 2014 rather than September 25, 2014.
UPON thorough review of the evidence filed in support of the hearing including:
REVIEWING the Books of Documents produced by the Administration, the Factum of the Administration, the Amended Reports of the OSPCA in relation to the death of Woronchak’s two horses and Woronchak’s feed bills;
UPON HEARING the viva voce testimony of Investigator Pamela Bray, Dr. Alison Moore and Mr. Chris Woronchak, both in chief and cross-examination;
AND UPON HEARING the submissions of counsel for the Administration and Mr. Woronchak in person;
The appeal is denied and Ruling No TB 58/2014 of the Deputy Director is upheld.
Woronchak has been licensed since 2000 by the Ontario Racing Commission as a Tradesperson, Groom and Owner (licence #106665). His licence expired in March, 2014 and because of an investigation concerning cruelty to animals which has led to criminal charges, Woronchak is prohibited from applying for a licence for a period of two years commencing September 25, 2014.
Persons who participate in horse racing must demonstrate a level of conduct that is of the highest standard. Section 19 of the Act provides that the Director shall refuse to issue a licence to an applicant if there are reasonable grounds to believe that, while the applicant carries out activities for which a licence is required, the applicant will not act in accordance with the law, or with integrity, honesty or in the public interest, having regard to the past conduct of the applicant. To permit Woronchak to participate in racing as a licensee would diminish the integrity of horse racing. Horse welfare is integral to the well-being of the industry itself. There has been little or no evidence produced by Woronchak to dispel the concerns raised by the Administration in respect of the emaciation and death of two of Woronchak’s horses in January 2014. There has been no evidence produced to satisfy the Commission that Woronchak has taken any steps to rectify the conditions which caused the death of the horses or in fact that Woronchak feels any remorse for the death of two of his horses by emaciation.
It is not in the public interest to vary the Director’s Notice of Proposed Order dated September 25, 2014.
DATED this 5th day of January, 2015.
Original signed by:
Sandra J. Meyrick
Sandra J. Meyrick
Commissioner