ORC Releases Reasons For Denying Whelan Appeal

Published: October 2, 2009 01:34 pm EDT

The Ontario Racing Commission today released its reasons for decision in regard to its denial of the appeal of horseman Jim Whelan


To read the ORC's reasons for decision, click here.

In an ORC ruling dated Thursday, September 10, the ORC ruled on the appeal and request for hearing from 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 be dismissed.

(With files from the ORC)

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