Published: February 8, 2012 11:09 am ET

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On Wednesday, February 8, the Ontario Racing Commission released its ruling in regard to an appeal from Sudbury Downs. The appeal had come after the ORC had issued an 'Order to Comply' ruling to Sudbury in relation to track conditions.

The contents of the ORC ruling appear below.

For read the transcripts and view the draft rulings, please click on the link located at the bottom of the ORC ruling.

On August 31, 2011, the Judges at Sudbury issued Standardbred Official Ruling SB 44210 to Sudbury Downs Raceway, namely an Order to Comply, citing Rules 1.09 and 5.11 of the Rules of Standardbred Racing.

On September 2, 2011, Sudbury filed a Notice of Appeal in relation to Standardbred Official Ruling SB 44210, and requested a stay of the subject Ruling pending the hearing of the Appeal.

On September 12, 2011, the Acting Executive Director of the Ontario Racing Commission issued Ruling Number S.B. 129/2011 wherein he denied the request for a stay of Standardbred Official Ruling SB 44210.

On October 3, 2011, the Judges at Sudbury issued Standardbred Official Ruling SB 44212 to Sudbury, amending Ruling SB 44210.

On October 13, 2011, counsel on behalf of Sudbury filed a Notice of Appeal in connection with Standardbred Official Ruling SB 44212.

On November 8, 2011, a Notice of Hearing was issued indicating that the appeal will be heard on December 19, 2011 at 9:00 a.m.

On November 28, 2011, counsel on behalf Sudbury notified counsel on behalf of the Administration of the ORC that Sudbury wished to withdraw its appeal and agreed to do so on the basis of the following:

1. Inclusion of a two year probationary period in connection with Condition 6 of Standardbred Official Ruling SB 44212 to be effective from October 3, 2011 through October 3, 2013. The timeframe shall be expressly added to Condition 6;
2. The withdrawal of the appeal is without prejudice to the rights of Sudbury Downs to appeal the Judges invoking Condition 6 in the future;
3. A challenge to Condition 6 itself cannot be preserved for a subsequent hearing involving Condition 6 given that the reasonableness of this Condition is the primary basis for the within appeal;
4. In accordance with Policy Directive 3-2010, costs shall be paid by Sudbury Downs to the ORC in the amount of $650.
5. Sudbury will formally withdraw its appeal and acknowledge payment of costs described in paragraph (d) above via conference call on December 19, 2011 at 9:00 a.m. or on a date to be agreed by the parties.

Pursuant to the agreement of the parties, and without determining the merits of the appeal, Condition 6 of Standardbred Official Ruling SB 44212 shall now read:

Following compliance with ORC Ruling SB 44210, Sudbury Downs may be subject to a fine for any race night that the racetrack at Sudbury Downs is not in a condition satisfactory to the Judges taking into consideration weather conditions or other mitigating circumstances if any. This condition shall be effective from October 3, 2011 through October 3, 2013.

On December 1, 2011, a Notice of Hearing was issued indicating that the appeal will be heard on December 15, 2011 at 8:30 a.m.

On December 15, 2011, a Panel of the ORC comprised of Chair Rod Seiling was convened for the purposes of hearing the withdrawal of the appeal.

Catherine Beagan Flood attended via telephone on behalf of Sudbury. Jennifer Friedman appeared on behalf of the Administration of the ORC.

Upon hearing the submissions of counsel, including considering the Draft Ruling, the Panel:

1. accepted the withdrawal of the appeal by Sudbury on the basis of the foregoing terms; and
2. ordered payment of costs in the amount of $650 to be payable by Sudbury to the ORC within 15 days.

The transcript of the hearing and the draft ruling can be read by viewing the ORC ruling by clicking here.