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ORC Rules On Robertsons' Appeal

Published: June 11, 2010 3:55 pm ET

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On January 19, 2010, the Director ordered the Immediate Suspension of Standardbred licensees, Jason E. Robertson (“JASON”), Chantell L. Robertson (“CHANTELL”) and Brittany M. Robertson (“BRITTANY”), for failing to ensure reasonable care and protection of horses under their control pursuant to Rule 26.02.01 of the Rules of Standardbred Racing.

On January 27, 2010, JASON, CHANTELL and BRITTANY filed a Notice of Appeal of the Director’s decision.

On May 19, 2010, a Panel of the Ontario Racing Commission (“ORC”) comprised of Commissioner John Macdonald, Commissioner David Gorman and Commissioner Pamela Frostad convened for the purpose of hearing the appeal.

Maureen Harquail appeared as Counsel for the Administration of the ORC. Gerald Sternberg appeared as Counsel for JASON, CHANTELL and BRITTANY.

After considering the Agreed Statement of Facts and the Joint Submission and upon reviewing the exhibits filed and upon hearing the submissions of Counsel for the Administration and Counsel for JASON, CHANTELL AND BRITTANY, the Panel orders the following:

With respect to JASON:
1. Full licence suspension for a period of 14 months less suspension period already served (suspension to be completed on March 19, 2011);
2. The licensee agrees and consents that ORC Investigators shall be permitted access to the property known as the “Robertson Stable” located at 152 Bonin Street, Chelmsford, Ontario, for a period of three (3) years (up to and including January 19, 2013) for the purpose of conducting searches and seizures as may be required;
3. At the conclusion of the licence suspension on March 19, 2011, application may be made to the Director and the Director may, in accordance with the Racing Commission Act, impose any terms and conditions deemed appropriate but at a minimum the terms and conditions shall include a period of probation of two (2) years;
4. Fine in the amount of $6500.00.

With respect to licensee CHANTELL:
1. Full licence suspension for a period of three (3) years less suspension period already served (suspension to be completed on January 19, 2013);
2. The licensee agrees and consents that ORC Investigators shall be permitted access to the property known as the “Robertson Stable” located at 152 Bonin Street, Chelmsford, Ontario, for a period of three (3) years (up to and including January 19, 2013) for the purpose of conducting searches and seizures as may be required;
3. At the conclusion of the suspension on January 19, 2013, application may be made to the Director and the Director may, in accordance with the Racing Commission Act, impose any terms and conditions deemed appropriate but at a minimum the terms and conditions shall include a period of probation of two (2) years;
4. Fine in the amount of $6500.00.

With respect to licensee BRITTANY:
1. Given that the licence held by this licensee expired on February 26, 2010, this licensee shall only be permitted to apply for a new ORC licence no earlier than May 19, 2011 at which time the Director may, in accordance with the Racing Commission Act, impose any terms and conditions deemed appropriate;
2. The licensee agrees and consents that ORC Investigators shall be permitted access to the property known as the “Robertson Stable” located at 152 Bonin Street, Chelmsford, Ontario, for a period of three (3) years (up to and including January 19, 2013) for the purpose of conducting searches and seizures as may be required.

The Panel further ordered the following:
1. That JASON, CHANTELL and BRITTANY shall permit ORC Investigators access to any facility where they work or reside that trains or boards horses;
2. That “non medical” items seized may be returned to CHANTELL subject to instruction and guidance from OMAFRA.

To read the full ruling from the Ontario Racing Racing Commission, click here.

(ORC)


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