IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000 c 20;
AND IN THE MATTER IN THE APPEAL OF
STANDARDBRED LICENSEE DOUG BOWINS
Standardbred licensee Doug Bowins appealed from Standardbred Official Ruling SB 35862 dated July 8, 2006, in which the judges ruled that he had violated Rule 15.09 (a) as the trainer of “Treasure Image” who was claimed at Georgian Downs and subsequently raced outside the province of Ontario before the 60-day period had expired. The judges imposed a fine of $1200.00.
On September 11, 2006, a panel of the Ontario Racing Commission consisting of Chair Lynda Tanaka and Commissioners Jane Garthson and David Gorman, convened to hear the appeal.
Patricia Latimer appeared at the hearing for the Administration and Mr. Bowins appeared on his own behalf.
On hearing the evidence of Judge Mike Brown and Mr. Bowins, and on reading and reviewing the exhibits filed, and on hearing the submissions of counsel and Mr. Bowins, the Commission DISMISSED the appeal, and upheld the judges’ ruling and penalty.
The Commission gave oral reasons for the decision, the transcript of which is attached to this ruling.
DATED at Toronto this 26^th^ day of September 2006.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF STANDARDBRED LICENSEE DOUG BOWINS
BEFORE: Lynda Tanaka Chair
Jane Garthson Member
David Gorman Member
REASONS
Conducted in the Hearing Room
of the Ontario Racing Commission
Suite 400, 10 Carlson Court,
Toronto, Ontario, on the 11th day of
September, 2006.
APPEARANCES:
Patricia Latimer Counsel for the
Administration
Doug Bowins
TORONTO COURT REPORTERS - (416) 364-2065
Reasons - Doug Bowins - 2
--- Upon resuming at 11:18 a.m.
MS. TANAKA: Thank you. Be seated.
This is an appeal by Standardbred
Licensee Doug Bowins from ruling SB 35862 issued
July 8, 2006 with respect to a violation of rule
15.09(a) with respect to the horse "Treasure Image"
which was claimed on April 29th, 2006 at Georgian
Downs and subsequently raced outside of the province
on June 23rd, 2006.
Rule 15.09(a) provides a significant
limitation on the ability of a horse to race once it
is claimed, limiting the horse to racing in Ontario
for a period of 60 days, except for certain specific
exceptions, none of which apply here.
It appears to be clear to us on the
evidence that the rule has been violated, and that
the rule provides for the responsibility for that
rule violation to fall on the shoulders of Mr.
Bowins.
Mr. Bowins' response was Standardbred
Canada who was the consignor for the sale of the
horse should bear responsibility for the fact that
the new American owner and American trainer raced the
horse within the 60-day period in New York State.
TORONTO COURT REPORTERS - (416) 364-2065
Reasons - Doug Bowins – 3
The rule specifically provides that the
party who claims the horse is the one who has the
responsibility for protecting the 60-day period, and
Standardbred Canada as consignor or a sales agent
does not bear that responsibility.
We assume that the administration has
noted the names of the owner, Kathleen W. Weller of
Elma, New York; and the trainer, John A. Leggio,
L-E-G-G-I-O. These individuals were alerted by Mr.
Bowins to the fact that racing their horse within the
60-day period, and specifically on June 23rd would
cause a violation of our rules of racing, and so far
as the evidence establishes before us they chose to
continue to race the horse. And presumably if they
should apply for a licence again in Ontario the
administration will take in account their failure to
respect our rules.
That being said, we have heard the
evidence of Judge Brown with respect to the penalty,
and our determination is to not interfere with it.
It falls within the range of penalties normally
assigned, and falls within the policy which is
well-known in the industry.
So the appeal is dismissed. Thank you.
--- Upon adjourning at 11:21 a.m.
TORONTO COURT REPORTERS - (416) 364-2065
Reasons - Doug Bowins - 4
I hereby certify that the foregoing
is a true and accurate verbatim
transcription of the proceedings,
to the best of my skill and ability.
Connie A. Holton, C.S.R.
TORONTO COURT REPORTERS - (416) 364-2065