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Waxman Files Contempt Of Court Motion Against ORC

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Published: March 3, 2011 2:00 pm ET

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Trot Insider has learned that suspended horseman Isaac Waxman has filed a Contempt Of Court motion against the Ontario Racing Commission.

On Friday, February 25, the ORC handed Waxman a fine for $5,000 and one-year suspension for violation of probation. The ruling was separate from the indefinite suspension for which the Superior Court of Justice granted Waxman a stay in early February. Trot Insider learned that Waxman's lawyers will also appeal the decision. The ORC's reasons for fining and suspending Waxman can be read by clicking here.

(Note - In an effort to consolidate comments on topics, if you wish to voice your opinion on the Waxman/ORC situation, please do so via the link which appears above.)

The Contempt of Court Motion Appears below.


Court File No. 25384
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
ISAAC WAXMAN
(Applicant)
-and-
ONTARIO RACING COMMISSION
(Respondent)
NOTICE OF MOTION

THE Applicant will make a motion to the Court the week of Monday, February 28, 2011, or as soon after that time as the motion can be heard on the long motion list at 45 Main Street East, Hamilton, Ontario.

PROPOSED METHOD OF HEARING: The motion is to be heard orally.

THE MOTION IS FOR:

  1. An order abridging the time for service of this Notice of Motion;
  2. An order validating service of this Notice of Motion on the Respondent by facsimile;
  3. An order finding the Respondent, the Ontario Racing Commission (“ORC”), to be in contempt for taking deliberate steps to circumvent the Order of the Honourable Madam Justice Milanetti dated February 4, 2011;
  4. An order requiring the ORC to release all purse moneys held pursuant to the ORC Standardbred Official Ruling Series No. 43013 dated February 7, 2011 to the Applicant and the Applicant’s co-owners, as applicable, as earned between February 4, 2011 and February 24, 2011;
  5. Costs of this motion, and related HST on such costs, on a substantial indemnity basis; and
  6. Such further and other relief as counsel may advise and this Honourable court permits.

THE GROUNDS FOR THE MOTION ARE:

  1. The ORC imposed a penalty against the Applicant on February 3, 2011 of an indefinite and full suspension of his ORC license. The Applicant requested a stay of that penalty and a stay was denied;
  2. Interim relief was obtained against the ORC on February 4, 2011 by way of the Order of the Honourable Madam Justice Milanetti. That Order required the ORC to “grant a stay of the revocation of all ORC licenses; such penalty being applied on Feb 3/11, pending a return date of Feb 17/11 before this Court”;
  3. On February 17, 2011, that Order was continued by the Honourable Mr. Justice Lecoco until February 24, 2011;
  4. The ORC did not appeal the Order of the Honourable Madam Justice Milanetti;
  5. The Defendant thereafter deliberately took steps that were in contempt of the Order of this Honourable Court:
    1. The ORC imposed a further Ruling against the Applicant refusing to release purse moneys earned by horses owned wholly or in part by the Applicant during the period of the stay;
    2. The ORC imposed ownership and trainer transfer restrictions under the ORC Rules that are applicable only to persons who are suspended, when the Applicant was not under suspension in accordance with the Order of this Honourable Court;
  6. Rules 3.02(1), 16.08, 60.11 and 60.12 of the Rules of Civil Procedure; and
  7. Such further and other grounds as counsel may advise and this Honourable Court permits.

THE FOLLOWING DOCUMENTARY EVIDENCE will be used at the hearing of the motion:

  1. The Affidavits of Isaac Waxman, sworn February 4, 2011 and February 28, 2011;
  2. The Affidavit of Kenneth Switzer, sworn February 10, 2011;
  3. The Affidavit of Rick Rier, sworn February 10, 2011; and
  4. Such further and other material as counsel may advise and this Honourable Court permits.

Dated: March 3, 2011

PELTON LAW
Barristers & Solicitors
65 Walnut Street South
Hamilton, Ontario
L8N 2L2

(905) 528-5150 Tel.
(905) 528-1150 Fax.
Helen Pelton (LSUC#34831J)
Mary Grosso (LSUC#38251J)

Lawyers for the Applicant

TO:

STOCKWOODS LLP
77 King Street West, Suite 4130
Toronto, ON M5K 1H1

Telephone: (416) 593-7200
Fax: (416) -593-9345

BRENDAN VAN NIEJENHUIS

Lawyers for the Respondent



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