ORC Dismisses Friedman Application

Published: September 20, 2007 05:12 pm EDT

The Ontario Racing Commission today released a 26-page document regarding standardbred owner Aubrey Friedman.

Below is the ORC ruling with the full document, which includes written reasons for the decision, attached:

IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;

AND IN THE MATTER OF THE APPLICATION OF STANDARDBRED OWNER AUBREY FRIEDMAN

Owner Aubrey Friedman ("Friedman") requested a hearing before the Ontario Racing Commission to hear an application requiring Thoroughbred Association, Woodbine Entertainment Group ("WEG"), to accept entries of horses owned by him.

On May 9, 2007, the Commission convened an initial hearing to consider whether to assume jurisdiction, and to consider an interim order requested by Friedman. The Commission ruled that it would take jurisdiction to review the actions of WEG and declined to grant the interim relief. On that occasion, on application by the Ontario Harness Horse Association ("OHHA"), the Commission granted intervenor status to OHHA.

On June 6, 2007, on request by Friedman, the Panel reconvened to hear a further request for interim relief. The Panel issued a Ruling granting interim relief permitting the horses YORKY'S GIRL, HARE IN MOTION, and two-year-old horses owned by Friedman, to be entered at all Ontario racetracks for all Ontario Sires Stakes events for which they met the qualifying standards and conditions.

On July 25 and 26, 2007, the Commission convened to hear the merits of the Application. On that occasion, the Commission heard a motion for intervenor status by Western Fair Raceway, and heard submissions for Western Fair Raceway. On the consent of all counsel, the evidence tendered in support of the hearing to consider whether to assume jurisdiction, and for interim relief, was accepted as evidence on the merits of the Application.

The Commission Panel in this matter was composed of Chair Rod Seiling, Vice Chair Hon. James Donnelly and Commissioner George Kelly. Warren Rapoport acted as counsel for Friedman; David P. McCutcheon and Colleen Butler acted as counsel for WEG; Brendan Van Niejenhuis acted as counsel for the Administration; Frank Cesario and David Outerbridge acted as counsel for OHHA; and James Adams acted as counsel for Western Fair Raceway.

On reading the written evidence and hearing the oral evidence tendered, and on hearing the oral submissions of counsel and the written submissions of counsel for Friedman, WEG, the Administration, and OHHA, the Panel ordered that the Application be dismissed.

The Panel gave written reasons for its decision, a copy of which is attached to this Ruling.

To view the 26-page document, click here.

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