The second day of horseman Jim Whelan's appeal was heard yesterday at the Ontario Racing Comm
ission offices.
On behalf of the Administration of the ORC, Litigation Counsel Jennifer Friedman, told Trot Insider that the hearing has concluded and that the process will continue for quite some time.
Friedman explained that counsel on behalf of Mr. Whelan, Woodbine Entertainment Group, and the Administration of the ORC each filed a “factum in advance of the hearing, which is basically a procedural requirement contained in the Rules of Procedure”. The factum gives the Panel hearing the appeal an idea of what parties’ arguments will be, with the factum containing items like facts, witnesses, authorities, rules, law, and precedents.
"In addition, the parties filed a joint book of documents in accordance with the Rules of Procedure," continued Friedman, "which the parties can refer to during the Hearing. It's separate from the factum." Correspondence between the parties is one item found in the book of documents.
"During the course of the Hearing, evidence was presented on behalf of the parties," said Friedman.
The Panel has ordered that the parties provide written submissions - instead of oral - and a schedule of dates for submissions was set, with the schedule concluding on September 4, 2009.
"By September 4, 2009, the Panel will have received all submissions, and be able to consider the material and ultimately render a decision," stated Friedman, who speculates that this process will conclude around mid to late-September.
Whelan's appeal is in regard to being ordered to comply with the Woodbine Entertainment Group's track rules if he wishes to enter horses at WEG tracks