RULING NUMBER COM QH 003/2009
COMMISSION HEARING TORONTO, ONTARIO – JUNE 17, 2009
IIN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL OF
QUARTER HORSE LICENSEE NORMAN ALAN TODD
Norman Alan Todd (“Todd”), is licensed by the Ontario Racing Commission as an exercise person, owner and trainer, for quarter horse racehorses, Licence Number 124928.
On August 26, 2008, a training day at Ajax Downs Racetrack, Todd was found in possession of a quantity of hypodermic syringes, needles and injectables, contrary to Rule 15.02.01 (a) and (b) of the Rules of Thoroughbred Racing (the “Rules”).
On January 22, 2009, a Panel of track Stewards found that Todd was in violation of Rule 15.02.01 (a) and (b) and Rule 15.31 (a), (b) and (d) of the Rules of Thoroughbred Racing (the “Rules”).
The penalties imposed upon Todd were as follows:
(i) a suspension for 2 years (February 15, 2009 through February 15, 2011); and
(ii) a fine of $2,500, payable on or before February 16, 2011.
On February 5, 2009, the penalties imposed upon Todd were stayed until May 23, 2009, the commencement of the 2009 racing season.
On June 17, 2009, a Panel of the Ontario Racing Commission consisting of Chair Rod Seiling, Vice Chair James Donnelly and Commissioner Bernard Brennan, DVM, convened to hear the appeal by Todd against penalty only.
Norman Alan Todd attended the hearing in person. D. Larry Todd appeared as counsel on behalf of Todd. Anthony Williams appeared as counsel on behalf of the Administration.
Upon a review of the agreed statements of fact and upon hearing the submissions of both counsel, the Panel ordered as follows:
(i) a suspension of 60 days less time already served of 25 days;
(ii) the suspension will continue from June 4, 2009 to July 22, 2009, both dates included; and
(iii) a fine of $1,000.
The transcript with the Panel’s Reasons for Decision is attached to this Ruling.
DATED at Toronto this 18th day of June 2009.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
QUARTER HORSE HEARING
IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF
NORMAN ALAN TODD
Held Before:
Rod Seiling, Chairman
James Donnelly Vice Chairman
Bernard Brennan Commissioner
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: NORMAN ALAN TODD, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 17th day of June, 2009.
Appearances:
Anthony Williams,
for the Ontario Racing Commission Administration
D. Larry Todd,
for licensee Todd
Hearing continued ...
MR. DONNELLY: All rise.
MR. CHAIRMAN: Please be seated. The panel, on being presented with the agreed statement of facts has found to accept Mr. Todd's appeal. No witnesses were called to testify before the panel. The agreed statement of facts concluded that Mr. Todd was not practicing veterinary medicine without a license, a fact which greatly influenced the decision of the stewards. Given this fact the panel is also bound to reduce the penalty imposed by the stewards.
In terms of penalty the panel reduces its penalty to 60 days with time already served to count against the penalty and fixes a fine of $1,000.00. Mr. Todd sought an identical penalty to that imposed by this Commission on John Neill who was found in violation of the same rules at the same racetrack and search of their vehicles by ORC personnel on the same day at almost the same time. Mr. Williams asked for a "shrinkage" of the penalty from two years to between 45 and 60 days. Mr. Todd's facts are distinguishable from Neill's. Therefore an identical penalty would be inappropriate. The medications Mr. Todd legally had in his possession could have affected the outcome of a race. None of the medications in reference to the extenuating circumstances in the Neill case would have. None of the prescribed medications Mr. Todd had in his possession identified the intended patient. In Mr. Neill's case he obtained the medications that same day from his vet for an identified horse which he owned and was stabled at his farm. As well, non prohibited drugs and substances were limited which is not the case for Mr. Todd. The quantity and quality were significant factors in working against Mr. Todd. Thank you.
MR. TODD: Two things, Mr. Chairman.
MR. CHAIRMAN: Yes?
MR. TODD: And we partly addressed this, the time served credit.
MR. CHAIRMAN: We made reference to it. It says time served has already been counted.
MR. TODD: Okay. If you can look at tab 33 though I believe we made an error in our joint submissions this morning. Tab 33 of Exhibit 1. Mr. Todd's stay expired May 23rd, the proposed date so he has been suspended already for 25 days, as long as that's on the table.
MR. CHAIRMAN: We will extend the order. We allow Mr. Todd to work out time served with the stewards.
MR. TODD: Okay and secondly, the smelly tool box. I always ask for what is going to be disposed of because somebody always phones me and says what are we supposed to do with it. Can it be returned to the appellant in due course?
MR. CHAIRMAN: I think we will destroy the contents and return the box.
MR. TODD: Okay, that's fine.
CERTIFIED CORRECT:____________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths