Preamble
WHEREAS as of January 26, 2010, Terry BROOKS (#7306T0), Jeffrey BROOKS (#6368T7) and Andrew BROOKS (#962K25) were licensed as Owners under the Racing Commission Act, 2000, S.). 2000, c.20 (the "RCA"), and Rules of Standardbred Racing as amended;
AND WHEREAS as of January 26, 2010, Victoria BROOKS (#718K13) had recently applied for and received a stable licence effective January 11, 2010;
AND WHEREAS as of January 26, 2010, BULLETPROOF ENTERPRISES (#862K92), GOLDFINGER ENTERPRISES (#301L09), SEIZE THE DAY INDUSTRIES (#065L81), VAE LLC (#374J40) were stables associated with one or more of Terry BROOKS, Jeffrey BROOKS, Andrew BROOKS and Victoria BROOKS (together, the "Licensees");
AND WHEREAS on January 26, 2010, the Director, Ontario Racing Commission ("Director") found that (a) there were reasonable ground to believe that, while the Licensees carry out the activities for which a licence is required, the Licensees will not act in accordance with the law, or with integrity, honesty, or in the public interest, having regard to the past conduct of the Licensees; (b) the Licensees' conduct has placed the integrity of the horse racing industry in Ontario in question; and (c) the public interest required that the Licensees be suspended immediately (the "Order for Immediate Suspension");
AND WHEREAS on January 26, 2010, the Director issued Standardbred Ruling Number S.B. 14/2010 (the "Freeze Order") whereby he ordered that all Associations hold, freeze and maintain all funds, purse accounts or other monies related to the Licensees and Perfect World Enterprises (#185E79);
AND WHEREAS on or about January 26, 2010, Woodbine Entertainment Group froze funds held on behalf of the Licensees in the amount of $809,566.38 pursuant to the Freeze Order (the "Frozen Purse Monies");
AND WHEREAS on February 2, 2010, the Director issues a Notice of Proposed Order to suspend the Licensees;
AND WHEREAS on February 10, 201o, the Licensees requested a hearing before the Ontario Racing Commission;
AND WHEREAS on or December 20, 2010, Anderson & Goodrow Equine Veterinary Professional Corp. and Doyle Bloodstock Transportation Inc., creditors of the BULLETPROOF ENTERPRISES INC., each filed Notices of Garnishment in the Ontario Superior Court of Justice - Toronto Small Claims Court, listing Woodbine Entertainment Group as Garnishee (Court File No. SC-10-110002-00 and Court File No. SC10-95124-00, respectively);
AND WHEREAS on March 30, 2011, the Ontario Superior Court of Justice - Toronto Small Claims Court ordered that Woodbine Entertainment Group pay $45,511.68 of the Frozen Purse Monies into court pending the resolution of proceedings commenced pursuant to the Notice of Proposed Order and Hearing dated February 2, 2010;
AND WHEREAS on or about April 7, 2011, Woodbine Entertainment Group accordingly paid $45,511.68 of the Frozen Purse Monies into the Ontario Superior Court of Justice - Toronto Small Claims Court pursuant to its Order dated March 30, 2011 (the "Small Claims Monies");
AND WHEREAS on April 30, 2013, the Ontario Racing Commission resolved proceedings arising out of the Notice of Proposed Order dated February 2, 201o as against GOLDFINGER ENTERPRISES (#301L09), SEIZE THE DAY INDUSTRIES (#065L81), VAE LLC (#374J40), Terry BROOKS, Andrew BROOKS and Victoria BROOKS in exchange for the payments of fines and forfeiture of certain purses that are not subject to the Forfeiture Order (defined below);
AND WHEREAS in Reasons for Decision dated August 29, 2013, a Panel of the Ontario Racing Commission found that Jeffrey Brooks and BULLETPROOF ENTERPRISES had contravened Rules 6.13.01, 3.09, 6.13.01 and 6.20 of the Rules of Standardbred Racing;
AND WHEREAS in Reasons for Decision dated August 29, 2013, a Panel of the Ontario Racing Commission granted an order declaring the ineligibility of the following horses to race and to compete for purse money and disqualifying as ineligible the horses raced by BULLETPROOF ENTERPRISES in Ontario in 2009 and 2010 as follows:
Horses Raced in 2009
- A Filly to Fear
- Ala Carte Bill
- Amazon Art
- Babylon Sister
- Betting Terror
- Big Lead
- Blind to See
- Blue Suede Shoes
- Bouncing Hanover
- Bridled Terror
- Bring Home Hinda
- Brooklyns Best
- Candy Hall
- Cannae Camme
- Change the Locks
- Cheap Motel
- China Art
- Cinderella Guy
- Cold Chills
- Comache Hall
- Coming Late
- Coming on Time
- Cuz She Can
- Dangerous Years
- Did It Again
- Doctor Seth
- Dome on a Rock
- Don't Give Up
- Drink Up
- Electric Energy
- Everyday
- Everyone Counts
- Fashion Week
- Fast Standing Still
- Final Curtain
- Four Starz Credit
- Front Cover
- Go Shuffle
- Gotta Travel On
- Great Vodka
- Heard It
- Higher and Higher
- lamperfectright
- Ideal Race
- If I can Dream
- In Da Club
- In Sight
- In the Studio
- Island Terror
- It Hurts Me
- It Was An Honor
- Just Coming
- Kabbala Karen B
- Kato Not Now
- Lisdean
- Little Gold Ring
- Live Free or Die Hard
- Lord Terror
- Marietta Hall
- Michael Dee Miami
- Model Magnate
- Moving In Together
- Need A Job
- No Gain
- Not Enough
- One More Drink
- Oscar Oscar
- Overwhelming Shae
- Paris the Heiress
- Penthouse View
- Political Terror
- Power Off
- Private Splendor
- Professor Jeff
- PW Love
- Pw Roma Lover
- PW Tootsie
- PW True to You
- Rescue Plan
- Revolutionary Foe
- Riggins
- Runaway Energy
- Sandy Annir
- School Kids
- Sexy Grin
- Shacked Up
- Short Words
- Showherthemoney
- Six Pistol
- Slow Service
- Straight Shooting
- Terroronthebeach
- The Life Boat
- Thinkingonlyofyou
- Vertical Horizon
- Victim of Love
- Waffles and Cream
- Western Comedy
- Western Thorn
- Whin I call
- White Sand
- Withheld Info
- Yellow Diamond
- You Don't know Me
- Youkeepmehangingon
Horses Raced in 2010
- Amazon Art
- Big Lead
- Blue Suede Shoes
- Cheap Motel
- Cinderella Guy
- Ideal Race
- Marrietta Hall
- One More Drink
- . Power Off
- Revolutionary Foe
- Riggins
- Runaway Energy
- School Kids
- Waffles and Cream
AND WHEREAS in Reasons for Decision dated August 29, 2013, a Panel of the Ontario Racing Commission ordered that any purse funds by the named horses being held under the Freeze Order be forfeited by the Applicants and redistributed amongst the owners entitled pursuant to the rules of racing (the "Forfeiture Order");
AND WHEREAS Rule 18.08.03 provides for the re-seeding of placement and re distribution of purse monies in the event of a disqualification;
AND WHEREAS the Forfeiture Order affects the seeding of 1,025 races in 2009 and 201O (the "Affected Races");
AND WHEREAS in April 2016, the powers and duties of the Ontario Racing Commission were transferred to the Alcohol and Gaming Commission of Ontario ("AGCO") and the Registrar ("Registrar") upon the proclamation into force of the Horse Racing Licence Act, 2015, S.O 2015, c. 38.
AND WHEREAS by January 2018, Jeffrey BROOKS and BULLETPROOF ENTERPRISES had exhausted all avenues to appeal the Forfeiture Order, appeals to the Divisional Court and Ontario Court of Appeal having been dismissed and the time for applying for leave to appeal to the Supreme Court of Canada having expired;
AND WHEREAS the re-seeding and re-distribution in accordance with Rule 18.08.03 would require the identification, notification and participation of each owner, trainer and driver entitled to participate in the purse distribution with respect to every horse that participated in every one of the Affected Races;
AND WHEREAS the passage of time in the period since the Affected Races occurred in 2009 and 2010, and during the pendency of the hearing and appeal process, has prejudiced the Registrar's ability to accurately identify, locate and direct payment of the appropriate share of the purse distributions to the participants;
AND WHEREAS the Registrar has determined that it is in the best interest of racing to direct the Frozen Purse Monies to the benefit of the Ontario racing industry as a whole and not to unwind all of the purse distributions from the Affected Races;
AND WHEREAS the Registrar has the power to govern, direct, control and regulate horse racing in Ontario in any or all of its forms, and to govern, control and regulate the operation of race tracks in Ontario at which any form of horse racing is carried on, pursuant to section 2 of the Horse Racing License Act, 2015;
AND WHEREAS the Commission, through the Registrar, has the authority to make rules for the conduct of horse racing, including the Rules of Standardbred Racing and General and Standardbred Directives;
AND WHEREAS the Registrar has the absolute discretion to waive the application of the Rules pursuant to his statutory authority and as confirmed in Rule 1.09 of the Rules of Standardbred Racing;
NOW THEREFORE TAKE NOTICE that the Registrar orders and directs as follows:
- Effective October 11, 2019, Woodbine Entertainment Group shall pay all Frozen Purse Monies and any interest earned on the Frozen Purse Monies, within its possession, power and control to the Ontario Lottery and Gaming Corporation ("OLG");
- Effective October 11, 2019, Woodbine Entertainment Group shall take all reasonable steps to secure the Small Claims Monies and shall pay them or cause them to be paid to OLG upon release from the Ontario Superior Court of Justice - Toronto Small Claims Court;
- The Frozen Purse Monies shall be used only for Standardbred purses;
- The Frozen Purse Monies are to be distributed consistent with OLG's authority in respect of support for horse racing;
- Within one year of the date of this Standardbred Directive, the OLG will report to the Registrar with respect to how and for what purpose the purse funds have been or are being disbursed, the first report to be provided on or before October 1, 2020;
- If requested, OLG will provide the Registrar access to any financial records, receipts, invoices or other financially-related documents, relating to any purse funds received from the AGCO in relation to this Directive;
- Notwithstanding Rule 24.01 of the Rules of Standardbred Racing, there shall be no appeal or review of this Directive to the Horse Racing Appeal Panel, and the Registrar hereby waives the application of Rule 24.01 to this Standardbred Directive.
BY THE ORDER OF THE REGISTRAR
Jean Major
Registrar