IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20; AND
IN THE MATTER OF STANDARDBRED DRIVER/OWNER/TRAINER GUY GAGNON
Standardbred Driver/Owner/Trainer Guy Gagnon (M36923) appealed the decision of the Executive Director of the Ontario Racing Commission in Ruling SB 154/2003 issued against him pursuant to Rule 6.47.7 of the Standardbred Rules of Racing, wherein he was charged for failure to comply with Rules 6.47.1 (a), (b), (c) and (d) of the said Rules and wherein his licence was suspended for six months and he was fined $5,000.00. Furthermore, Guy Gagnon appealed the Decision of the Director of Racing of the Ontario Racing Commission in Ruling SB 165/2003 issued against him pursuant to Rule 3.09.01(j), wherein he was charged for failure to comply with Rules 3.09.1(c) and (f) and was fined $2,000.00.
The aforesaid Rulings were stayed by order of the Executive Director in Ruling COM SB 16/2003 on August 29, 2003, until the originally scheduled hearing date of October 10, 2003, and subsequently by Ruling COM SB 23/2003 until October 15, 2003, and by Ruling COM SB 30/2003 until October 30, 2003 and by Ruling COM SB 33/2003 until February 20, 2004.
On October 10, 2003, the hearing of these appeals was adjourned at the request of Mr. Gagnon’s counsel.
On February 20, 2004, Vice Chair Larry Todd, Commissioners Patricia Bullock and Brenda Walker of the Ontario Racing Commission convened to hear these appeals.
Gerry White appeared on behalf of Mr. Gagnon and Tim Snell appeared on behalf of the Administration.
Upon hearing the evidence of Pat Webb, Jane McDonough, Steve Schandlen, Dr. Bruce Duncan, Mike Draper and Guy Gagnon, upon reading the exhibits and upon hearing the submissions of the parties, the Ontario Racing Commission decided unanimously:
To dismiss both appeals with respect to the issue of liability under Ruling SB 154/2003 and Ruling SB 165/2003;
To allow the appeal of Ruling SB 154/2003 with respect to the issue of penalty as follows:
That Mr. Gagnon’s licence be suspended for two months beginning March 1, 2004 to April 30, 2004, inclusive.
The reasons for decision form part of the transcript of the hearing.
Pursuant to Rule 6.15, Mr. Gagnon is hereby ordered to pay $7,000.00 by cheque to the Ontario Racing Commission forthwith and before Mr. Gagnon participates in racing again.
DATED this 24th day of February 2004.
BY ORDER OF THE COMMISSION
Jean Major
Executive Director