RULING NUMBER COM TB 008/2015
COMMISSION HEARING TORONTO, ONTARIO – JULY 29, 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 A HEARING BY
DEAN BARRETT
Dean Barrett appealed the Director’s May 8, 2015, Notice of Proposed Order to Refuse to Issue a licence to him.
Date of Hearing: July 29, 2015
ORC Panel: Sandra Meyrick, Commissioner
Appellant: Failed to Appear
Counsel for the Administration: Catalin Tripon
Decision:
The Panel dismissed the appeal.
A transcript with the Panel’s oral Reasons for Decision is attached to this Notice.
DATED at Toronto this 11^th^ day of August 2015.
______________________________
Jean Major
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 DEAN BARRETT:
Held Before:
Sandra Meyrick Commissioner
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: DEAN BARRETT, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 28th day of July, 2015.
Appearances:
Catalin Tripon,
For the Ontario Racing Commission Administration
Hearing continued ...
MADAME CHAIR: Given that we haven’t heard at all from the appellant and I don’t know whether there could be intervening circumstances that would prevent him from being here I am reluctant, particularly given his financial circumstances, to invoke a costs order against him but I will dismiss the appeal on obvious grounds. He needs to be here to at least present his position. I don’t think it is necessary, and you may correct me if I’m wrong, to enter these documents in this hearing.
MR. TRIPON: It may not be necessary. We will keep them on our records.
MADAME CHAIR: You know what, let’s do it. Let’s enter then and that way we will keep, for the Administration, keep it a little bit better organized. I didn’t bring them all in here actually because I didn’t think we were going to do the hearing. You have a factum?
MR. TRIPON: There is a factum of the Administration and we would suggest that this be marked as Exhibit 1, a book of documents Exhibit 2 and a supplementary book of documents Exhibit 3.
MADAMDE CHAIR: Okay. So we will mark them as such, the factum number 1, the book of documents as Exhibit number 2 and the supplemental book of documents as Exhibit number 3 and we will keep them and the appeal will be dismissed. I just have here a question in regards to the facts which you can help me with. The charges were actually 2008, is that correct?
MR. TRIPON: Yes.
MADAME CHAIR: And there has been no --
MR. TRIPON: We have never heard from him since 2015.
MADAME CHAIR: Since 2011.
MR.TRIPON: Yes and he just brought this application for a licence in 2015. I was the one who was reviewing this file. I, based on the standards of integrity, honesty and the public interest, in my view the presence of such a person in the backstretch would be very toxic for female coworkers and I suggested that he not and the Deputy Director concurred with me.
MADAME CHAIR: Are the complainants from 2008 still licensed with the ORC?
MR. TRIPON: I believe Ms. Walker who is here present is still licensed and the other complainant is not currently licensed but she is intending to apply for a new licence. So it is likely that they will meet him again and so it is our position is that he should not be around our witnesses and pretty much any female coworker.
MADAME CHAIR: Okay, thank you. I will dismiss the appeal and on that basis file these documents as exhibits and I thank you very much. I apologize that you have come all this way and we are not proceeding on the appeal but that might be a good thing, for you at least, and thank you very much.
MR. TRIPON: Thank you very much.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths