On Tuesday afternoon, the Ontario Racing Commission issued its ruling on the motion to Quash the Order of Immediate Suspension, or Quash or permanently Stay the Proposed Order to Suspend Licences of Jeffrey Brooks and Bulletproof Stable (“Jeffrey Brooks and Stable”) and Terry Brooks, Andrew Brooks, Victoria Brooks, Seize the Day Industries, Goldfinger Enterprises, and VAE LLC Stable (“the Brooks family and Stables”).
The release from the ORC appears below.
On January 26, 2010, the Executive Director issued an Immediate Suspension Order, suspending the licences of Jeffrey Brooks and Bulletproof Stable (“Jeffrey Brooks and Stable”) and Terry Brooks, Andrew Brooks, Victoria Brooks, Seize the Day Industries, Goldfinger Enterprises, and VAE LLC Stable (“the Brooks family and Stables”).
On February 10, 2010, Counsel for all Parties noted above requested a Hearing in relation to this Order pursuant to s. 23(3) of the Racing Commission Act, 2000.
On February 2, 2012, a Notice of Proposed Order was issued against the aforementioned parties.
On February 17, 2012, Counsel for Jeffrey Brooks and Bulletproof Stables requested a Hearing in relation to this Notice of Proposed Order pursuant to 22(3) of the Racing Commission Act, 2000. On February 21, 2012, Counsel for the Brooks family and stables made the same request.
On September 6, 2012, a Panel of the Ontario Racing Commission (“ORC”), comprised of Vice-Chair James Donnelly, Commissioner Brenda Walker and Commissioner Dan Nixon was convened to hear pre-hearing motions.
Trudy Mauth appeared as Counsel for the Administration. Edward Greenspan appeared as counsel for Jeffrey Brooks and Stable at the pre-hearing motions. Robyn Ryan Bell appeared as counsel for the Brooks family and Stables.
The Applicants filed a motion with the Panel seeking an Order a) to Quash the Order of Immediate Suspension, b) Quash or permanently Stay the Proposed Order to Suspend Licences.
In the alternative, the Applicants requested an Order directing further particulars of the allegations underlying the ORC Orders be provided, such particulars to be delivered within 30 days of release of these reasons and b) an Order that no date be fixed for the Hearing of these allegations on the merits before expiration of 30 days following such release.
Upon hearing oral argument from all parties on September 6, 2012 and after reviewing the facta that had been submitted, the Panel makes the following findings:
1) Disclosure obligations have been fulfilled subject to the continuing obligation to make disclosure.
2) Having regard to volume, complexity and institutional capability, the disclosure was timely.
3) Adequate particulars of the Administration allegations have been furnished through the disclosure process.
4) There is no finding of abuse of process by the Administration.
5) The Application to quash firstly the Order of Immediate Suspension and secondly the Notice of proposed Order is dismissed.
6) The issue of investigative costs is reserved to be dealt with at the Hearing.
7) This matter should proceed expeditiously. The parties will have opportunity to agree on hearing dates. Failing agreement, this Panel will convene within 21 days of the release of these reasons to hear submissions upon an appropriate pre-emptory Hearing date.
The Panel’s Reasons for Decision is attached here as a PDF.