ORC Rules On Whelan Appeal

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Published: September 14, 2009 10:01 am EDT

In an Ontario Racing Commission ruling dated Thursday, September 10, the ORC ruled on the appeal and request for hearing from Jim Whelan, whose entries had been

denied at Mohawk Racetrack after he failed to sign the 2008 Application for Access Rights of Woodbine Entertainment Group.

On May 4, 2009, the ORC judges at Mohawk held a hearing in respect to the denial of Whelan's entries. The judges ruled that in accordance with ORC rules 1.02, 5.11 and 7.06 of the Rules of Standardbred Racing, Whelan "must comply with WEG track rules if he wishes to enter horses at WEG tracks."

On May 12 and 19, 2009, counsel for Whelan served a notice of intention to appeal the judges' decision and a notice of appeal to an ORC panel.

On May 20, 2009, counsel for Whelan requested a stay of the judges' decision. On May 25, 2009, the executive director of the ORC granted a stay of the judges' decision pending the disposition of his appeal.

On June 29, 2009, and ORC panel convened to hear the matter.

Upon considering the evidence, hearing the testimony of Whelan, Darryl McArthur, Jamie Martin, David Willmot, John Blakney, Rob McKinney and Wendy Hoogeveen, reviewing the exhibits filed, and upon receiving the written closing submissions, the panel ruled that Whelan's appeal has been dismissed.

In its decision, the ORC stated that reasons for the dismissal of Whelan's appeal will follow.

(With files from the ORC)

Comments

Hopefully now, we can have this over and done with. It will be a waste of time and members' money to continue this. We should now move forward to re-build the reputation that OHHA once had with-in the community instead of fighting with everybody. We have to realize that we are not the only game in town and we have to work with our partners.

It is a good idea in the future if OHHA members (over 4000) vote 99% to accept something that the executive members do the same!!!!!! It saves forming another horsemans association!!!!!

It's about time. This whole mess surrounding Whelan has been a black eye on OHHA. Rules are for everyone.

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