2 total
Appeal withdrawn on consent before any merits determination.
This was a regulatory appeal from a standardbred racing ruling imposing a 10-year suspension and a $40,000 monetary penalty for alleged prohibited-substance related misconduct and misleading inspectors.
Before the appeal was heard, the appellant first withdrew a stay motion and later requested withdrawal of the appeal on consent.
The Panel acknowledged the withdrawal of the appeal on consent.
No adjudication on the merits of the underlying ruling was made.
Motion for recusal granted due to reasonable apprehension of bias from prior related rulings.
The applicant, a licensed Racing Official, brought a motion requesting that the Vice Chair of the Ontario Racing Commission recuse himself from hearing an appeal against a Notice of Proposed Order to Refuse to Issue a Licence.
The applicant argued that a reasonable apprehension of bias existed due to the Vice Chair's prior rulings in related matters involving the applicant.
The Vice Chair granted the motion, finding that an objective person would entertain a reasonable apprehension of bias based on the cumulative impact of the necessary findings made in the prior rulings upon the live issues yet to be determined in the appeal.
