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ORC Rules On Manneke Appeal

Published: August 21, 2009 4:07 pm ET

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On March 10, 2009, a notice of proposed order to revoke the licence of Gerald Manneke was issued.

On March 19, 2009, Manneke filed a notice of appeal with the panel of the Ontario Racing Commission.

On April 21, 2009, a notice of hearing was issued to advise that a panel of the ORC would convene on May 21, 2009 for Manneke’s appeal.

On May 21, 2009, a panel of the ORC, comprised of vice chair honourable James M. Donnelly, was convened to hear the appeal.

Jennifer Friedman appeared as counsel for the Administration. Manneke failed to attend. Upon hearing the submissions, the panel dismissed the appeal as follows:

  • i) As abandoned without prejudice;
  • ii) Manneke be served personally with the ruling;
  • iii) The right to resurrect the appeal will be confined to the 30 days following personal service;
  • iv) If no appeal is launched within that time, the director’s notice of proposed order is hereby confirmed.

On June 15, 2009, Gerald Sternberg, on behalf of Manneke, launched a subsequent appeal. On August 11, 2009, a panel of the ORC, comprised of chair Rod Seiling, commissioner David Gorman and commissioner Pamela Frostad, was convened to hear the appeal.

Jennifer Friedman appeared as counsel for the Administration. Gerald Sternberg attended as counsel on behalf of Manneke.

Upon considering the agreed statement of facts, hearing the testimony of Lorra Deasy and Manneke, reviewing the exhibits filed, and upon hearing the closing submissions, the panel denied the appeal. The panel’s reasons for decision included the following:

  • i) The director had reasonable grounds on which to base his decision that Mr. Manneke would not act in accordance with the law, or with integrity, honesty or in the public interest;
  • ii) Manneke can reapply for his licence if he can prove to the director of the ORC that he has satisfied his outstanding financial obligations. Notwithstanding the aforementioned, Mr. Manneke can reapply for his licence two years from this date. In doing so, he must be able to satisfy the director of the ORC that he has and will continue to act in accordance with the law, integrity, honesty and in the public interest ss. 26 (1) & (3) of the Racing Commission Act, 2000).

The panel’s reasons for decision is attached to the official ruling, which can be view in its entirety by clicking here.

(With files from the ORC)


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