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ORC issues Hudon ruling

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April 19, 2007 Send To A Friend  | Print View

The Ontario Racing Commission's (ORC) 10-year suspension and $100,000 fine imposed upon Patrick Hudon was recently overturned. The ORC today issued the following:

IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20; AND IN THE MATTER OF THE APPEAL OF STANDARDBRED LICENSEE PATRICK HUDON

The Director ordered the Immediate Suspension of Standardbred licensee Patrick Hudon pursuant to
section 23 of the Racing Commission Act, and further issued a Notice of Proposed Order imposing a
suspension of Patrick Hudon's licenses, for ten years and by Ruling, imposed a fine of $100,000.

Patrick Hudon requested a hearing concerning the Director's Order and Proposed Order and Ruling.
On March 9, 2007, a Panel of the Commission consisting of Vice-Chair, the Hon. James Donnelly,
Commissioners Bernard Brennan, DVM and Jane Garthson, convened to hold the hearing. Brendan
Van Niejenhuis appeared as counsel for the Administration and Gerald Sternberg appeared as counsel
for Patrick

On the objection of counsel for Patrick Hudon to the admissibility of a statement sought to be tendered
in evidence by the Administration, the Panel held a voir dire, on consent of all parties, at the outset of
the hearing. On the voir dire, the Panel heard the evidence of Detective Sergeant Steve Schandlen,
and Patrick Hudon. The Panel adjourned and directed that written submissions be provided on the voir
dire.

On March 21, 2007, the Panel reconvened. On hearing the evidence and reading the exhibits, and on
hearing and reading the submissions of counsel, the Panel ordered that the statement tendered by the
Administration was inadmissible in evidence.

Vice-Chair Donnelly (Commissioner Brennan concurring) gave oral reasons for the ruling.
Commissioner Garthson gave separate oral reasons for the ruling, concurring in the result.
On receiving the Ruling, the Administration advised that it would tender no further evidence. On
application by counsel for Patrick Hudon, unopposed by the Administration, the Panel ordered as
follows:

1. The Order of Immediate Suspension was set aside;
2. The Proposed Order of the Director was not confirmed;
3. The racing privileges of Patrick Hudon were restored to their status
prior to the Order of Immediate Suspension;
4. The $100,000 fine imposed by the Director was cancelled and
rescinded.

The Commission’s reasons for decision form part of the transcript of the hearing and is attached to this
Ruling.
DATED this 18th day of April 2007.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
(ORC)

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