At its meeting on May 27, 2010 the Board of the Ontario Racing Commission approved new rules under the Rules of Procedure surrounding how hearings and appeals are conducted
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The changes will help ensure that the financial and human resources of the ORC, funded largely by the racing community, are wisely and prudently used – specifically with respect to the withdrawal of appeals.
Previously, a licensee could formally file an appeal of a decision of the Judges or Stewards and then withdraw the appeal, sometimes on the very day of the hearing. Some individuals would simply not show up. Meanwhile, considerable resources would have already been extended – including legal fees, court reporters, witnesses, ORC staff time, and the time of ORC Commissioners who sit on the hearing panels.
The ORC and the racing industry continue to be challenged by financial pressures. It is imperative that there be prudent use of all resources so as not to unfairly burden the system of due process now available in Ontario horse racing.
Under these changes to the Rules of Procedure, anyone who has filed a Notice of Appeal, and then wishes to withdraw, must now appear before a panel of the Commission to give reasons. The new rules provide that the panel will then determine if costs will be assessed on the appellant for the withdrawal.
Policy Directive No. 3 – 2010 provides the details of the change.
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