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ORC Commission Ruling - Ontario Racing Commission

ORC Commission Ruling - Ontario Racing Commission

ORC Commission Ruling - Ontario Racing

TB Ontario Racing Commission RULING NUMBER COM TB 001/2009 COMMISSION HEARING TORONTO, ONTARIO – JANUARY 7, 2009 Introduction IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20; AND IN THE MATTER OF THE APPEAL OF THOROUGHBRED LICENSEE WILSON ADHEMAR CASTELO Wilson Adhemar Castelo (“Castelo”), Licence Number 130329, is licensed by the Ontario Racing Commission as a thoroughbred tradesperson (farrier). Procedural History On March 12, 2008, John L. Blakney, Executive Director of the Ontario Racing Commission, issued a Notice of Proposed Order to suspend or revoke the licence of Castelo, pursuant to Section 22 (1) of the Racing Commission Act. On March 24, 2008, Castelo requested a Hearing before the Commission, pursuant to Section 22 (3) of the Racing Commission Act. On January 7, 2009, a Panel of the Ontario Racing Commission consisting of the Chair Rod Seiling, was convened for this Hearing. The Hearing A Hearing was held before the Commission Panel. Castelo appeared in person at the Hearing. No counsel or other representative appeared on behalf of Castelo. Anthony Williams appeared as counsel for the Administration. Upon hearing the evidence of Jennifer Plumbtree, former Licensing Agent at Kawartha Downs Raceway, Penny Dozer, Licensing Agent, Woodbine Raceway, Lorra Deasy, Investigating Officer and Detective Constable, Ontario Provincial Police, and upon reviewing the exhibits filed, and upon hearing both the admissions and submissions of Castelo, and upon hearing the submissions of counsel for the Administration, the Panel ordered as follows: i. That the application by the Executive Director of the Ontario Racing Commission to either suspend or revoke the licence of Castelo is dismissed; ii. That a conviction be entered against Castelo for violation of Rule 15.23 of the Rules of Thoroughbred Racing in that he made “false, untrue or misleading statement(s)” on an application for a licence; iii. That Castelo be required to pay a fine of $7,500 for this violation; iv. That Castelo, before being eligible for an Ontario Racing Commission licence as a tradesperson, must pay one half of the fine ($3,750) by March 15, 2009, with the other half ($3,750) payable by July 1, 2009. DATED this 15 th day of January 2009. BY ORDER OF THE COMMISSION John L. Blakney Executive Director

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