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ORC Rules On Sudbury Appeal

Published: July 14, 2010 4:44 pm ET

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The Ontario Racing Commission today released its ruling in regard to the appeal of Sudbury Downs in relation to the possible use of funds from the track purse pool for stall expense credits for particular trainers.

The contents of the ORC ruling appears below.

On April 23, 2010, the director issued a Notice of Decision wherein he declined to approve a request from Sudbury Downs to use funds from the Sudbury Downs purse account to pay for stall expense credits to trainers who stable and race their horses at Sudbury Downs further to an agreement between Sudbury Downs and the Northern Horsemen’s Association.

On April 23, 2010, Sudbury Downs filed a Notice of Appeal and on April 25, 2010, the Northern Horsemen’s Association requested an opportunity to make submissions should a hearing be scheduled.

On June 29, 2010, a panel of the ORC, comprised of chair Rod Seiling, vice-chair James Donnelly and commissioner Brenda Walker was convened to hear the appeal.

Maureen Harquail appeared as counsel for the administration. Catherine Beagan-Flood and Iris Antonios appeared as counsel for Sudbury Downs. Bob Bodkin appeared on behalf of the Northern Horsemen’s Association.

Upon considering the evidence of Steven Lehman, Wendy Hoogeveen, Patrick MacIsaac, Andrew MacIsaac and Bob Bodkin, and upon reviewing the exhibits filed and upon hearing the closing submissions, the panel ruled as follows:

  • i. The director’s decision that the proposed use of purse funds for stall expense credits would have been an improper use of purse funds is confirmed;
  • ii. The director’s decision is, however, varied and the stall expense credit is allowed for the 2010 racing season.

The panel’s transcript and reasons for decision can be viewed by clicking here.


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