RULING NUMBER COM TB 004/2015

COMMISSION HEARING TORONTO, ONTARIO – JUNE 26, 2015

NOTICE OF DECISION

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

AND IN THE MATTER OF THE REQUEST FOR

HEARING OF MICHELLE REDEL

Michelle L. Redel (“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: June 26, 2015

ORC Panel: Sandra Meyrick, Commissioner

Counsel for the Appellant: Patrick Clifford

Counsel for the Administration: Catalin Tripon

Decision:

Redel withdrew her appeal;

The Panel accepted an Agreed Statement of Facts and Joint Submission for Disposition.

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

DATED at Toronto this 14^th^ day of July 2015.

______________________________

Jean Major

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

ONTARIO RACING COMMISSION

IN THE MATTER OF THE APPEAL OF MICHELLE REDEL

AGREED STATEMENT OF FACTS AND JOINT SUBMISSION FOR DISPOSITION

RESPECTFULLY SUBMITTED BY

CATALIN TRIPON

LITIGATION COUNSEL FOR THE ADMINISTRATION

OF THE ONTARIO RACING COMMISSION

AND

THE APPELLANT MICHELLE REDEL

Part 1: AGREED STATEMENT OF FACTS

1. Michelle Redel (“REDEL”) has been licenced since 2005 by the Ontario Racing Commission (“ORC”) as an Owner, Other, Groom, Exercise Person and Hot Walker. REDEL’s licence expired as of March 31, 2014.

2. On April 3, 2014, a due diligence investigation was conducted and revealed two outstanding assault charges awaiting disposition.¹ ORC also learned that in April 2009, REDEL was also subject of a complaint regarding cruelty to animals but no charges were laid against her.²

3. During the same investigation of April 2014, ORC found out that at the beginning of August 2013 police were investigating REDEL for animal cruelty.³ On August 8, 2013, the Ontario Society for Prevention of Cruelty to Animals (OSPCA) seized REDEL’s dog due to neglect and malnourishment, and on September 8, 2013, REDEL was formally charged for cruelty to animals.⁴

4. As a result of the investigations, on April 7, 2014, the ORC issued the Ruling No. TB ADMIN 31/2014, ordering REDEL ineligible to be licensed until she contacts the Deputy Director.⁵ She subsequently contacted the Deputy Director by phone.

5. On September 10, 2014, REDEL applied to be re-licensed by the ORC as an owner and groom.⁶

6. On September 10, 2014, REDEL’s counsel informed the ORC that the cruelty to animal charges against REDEL had been withdrawn on September 4, 2014.⁷

7. On September 17, 2014, another due diligence was conducted on REDEL and revealed a number of charges.⁸ In June 2015, Counsel for the Appellant disclosed that the assault charges ended with a conviction and suspended sentence, followed by probation.⁹ This conviction is currently being appealed to the Superior Court of Justice Ontario.

Date

Location

Offence

Penalty

Charge:

08 Sept 2013

Toronto

Cruelty to animals

Withdrawn: 04 Sept 2014 – put on OSPCA Probation Order for 2 years effective June 19, 2014, which included the prohibition to own any domestic animals, excluding horses.¹⁰

Charge:

06 Aug 2013

Toronto

Assault

with

Intent to

Resist Arrest

At the time of investigation, the charges were pending. Later in the fall of 2014, REDEL was convicted. The execution of sentence was suspended and replaced with 3 years

Probation.¹¹

Charge:

14 Jun 2013

Toronto

Assault

(X2)

At the time of investigation, the charges were pending. Later in the fall of 2014, REDEL was convicted. The execution of sentence was suspended and replaced with 3 years

Probation.¹²

8. As a result of the latter investigation, on October 29, 2014, the Executive Director of the ORC issued the Notice of Proposed Order (“NOP”) refusing to renew the licence of REDEL.¹³

9. On November 13, 2014, REDEL appealed the NOP, filing a request for a hearing with the ORC.¹⁴ The Notice of Hearing was delivered on December 2, 2014.

Part 2: JOINT SUBMISSION FOR DISPOSITION

10. Whereas the ORC is dedicated to protect the health and welfare of horses, and exercises its powers and performs its duties in the public interest and in accordance with the principles of honesty and integrity;

11. Whereas REDEL has been found guilty of assault with intent to resist arrest and assault against her daughter;

12. Whereas REDEL is currently under probation for two years in connection to a charge of causing an animal to be in distresss and under probation for three years in connection to assault charges;

13. Whereas REDEL has served in part the probation periods without any breach;

14. Whereas REDEL is committed to overcome the wrong choices she made in the past and is currently complying with probation orders and taking steps to fully reintegrate in the society and solve all her personal matters;

15. Whereas the ORC is cognizant of the efforts undertaken by REDEL to rehabilitate and reestablish herself as a professional;

16. Pursuant to Rules 1.08, 9.3, and 10.25(4) of the ORC Rules of Procedure, the Parties to these proceedings jointly submit that the following dispositions would be appropriate for the matter:

a. REDEL withdraws her Application for a License which was filed last September, 2014;

b. The ORC shall not issue an Order Refusing to Renew REDEL’s License;

c. REDEL withdraws her Appeal of the Proposed Order;

d. REDEL shall not apply for a new license until June 20, 2016;

e. REDEL shall comply with the terms of both of her respective probation orders ;

f. REDEL undertakes to comply with all laws, continue her rehabilitation and work on her personal issues so as to be able to show the ORC a positive record upon her next license application;

g. Providing that, until the time of a new application filing, REDEL will not be subject to new criminal charges or bankruptcy proceedings, ORC agrees to take a “fresh look” at REDEL’s future application for a license following the date of June 20, 2016, without giving more weight to any of the past offences against compliance with the probation orders at the time of application;

h. The ORC shall not seek any costs with respect to this matter.

17. If REDEL fails to comply with probation orders, becomes subject to new criminal charges, or is declared bankrupt, ORC will have full discretion in considering all necessary factors and circumstances when assessing a new application for a licence.

18. All of which are respectfully submitted by the Parties.

Dated June 26, 2015.

original signed by original signed by

Catalin R. Tripon

Michelle Redel

Counsel for the

Ontario Racing Commission

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 26th day of June, 2015.

Appearances:

Catalin R. Tripon,

For the Ontario Racing Commission Administration

Patrick J. Clifford, for Redel

Hearing continued ...

MADAME CHAIR: Thank you. Well, given that you are withdrawing your appeal this will be the disposition. I can’t make an order otherwise so this will the disposition and it will be virtually an agreement that is enforceable between the two of you. So thank you very much and thanks for your hard work and very best of luck.

MR. TRIPON: Thank you, Madame Chair.

MR. CLIFFORD: Thank you, Madame Chair.

MADAME CHAIR: We have been provided with an addendum to the factum that was provided on May 26^th^ by the Administration which I will mark as Exhibit 5 to the record. Thank you.

EXHIBIT NO. 5: Addendum to the Administration Factum.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths

Footnotes

1. 1ORC Book of Documents, Tab 1, at 4. The discussions with the OPP revealed that the cruelty to animal charge dated January 1, 2008, as it appears in the Due Diligence Report dated April 3, 2014, is in fact a recording error of the OPP.
2. 2Ibid, Tab 7, at 17.
3. 3Ibid, Tab 1, at 4; Tab 9, at 22.
4. 4Ibid, Tab 9, at 23.
5. 5Ibid, Tab 4, at 12.
6. 6Factum for the ORC, Tab 1.
7. 7ORC Book of Documents, Tab 6, at 14.
8. 8Ibid, Tab 1, at 5, 6.
9. 9Factum for the Appellant, p. 7, paras 33-34.
10. 10Ibid, Tab 10, at 24-26.
11. 11Factum for the Appellant, p. 7, paras 33-34.
12. 12Factum for the Appellant, p. 7, paras 33-34.
13. 13ORC Book of Documents, Tab 11, at 28-31.
14. 14ORC Book of Documents, Tab 12, at 32.