RULING NUMBER COM SB 031/2010
COMMISSION HEARING TORONTO, ONTARIO – JULY 21, 2010
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING BY
STANDARDBRED DAN MEGENS
On May 30, 2010, the Judges issued Standardbred Official Ruling SB 42350 wherein Dan Megens (“Megens”) was given the penalty of a three-day driving suspension for violation of Rule 22.05.01 (b) of the Rules of Standardbred Racing. Megens did bear in on the 1st turn during the 11th Race at Flamboro Downs on May 26, 2010, while driving the horse, COMYHICAL, causing #9 Anthony Macdonald to bear in and go inside the pylons
On June 9, 2010, Megens filed a Notice of Appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.
On July 21, 2010, a Panel of the Ontario Racing Commission (“ORC”), comprised of Chair Rod Seiling, convened for the purpose of hearing this matter.
Neil McCoag appeared on behalf of the Administration of the ORC. Megens did not attend the Hearing, citing health reasons
The Panel made a decision to postpone this appeal to August 16, 2010, provided medical documentation is received by the end of the day, July 21, 2010.
A transcript of the Panel’s Reasons for Decision is attached to this Ruling.
DATED at Toronto this 26th day of July 2010.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
ONTARIO RACING COMMISSION
RE: STANDARDBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF
DAN MEGENS
Held Before:
Rod Seiling, Chairman
This is an excerpt of a Hearing of the Ontario Racing Commission re: DAN MEGENS, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 21st day of July, 2010.
Appearances:
Neil McCoag,
representative for the Ontario Racing Commission Administration
TORONTO COURT REPORTERS - TORONTO, ONTARIO
Hearing continued ...
MR. CHAIRMAN: Mr. Megens is next?
MR. MCCOAG: And I have just been informed by Mr. Stewart here that Dan Megens has phoned in this morning to say that he is at the doctor's with kidney stone problems and will be submitting a doctor's note later on today. I do note something here too. Mr. Anthony Macdonald our witness, one of the witnesses, is not here either and I believe he was properly notified which I will submit to you and it may be of interest as to why he isn't here given that we have just got the belated notice that Mr. Megens is not available.
MR. CHAIRMAN: Okay. Let's just get our documentation caught up first and then we will deal with his non-appearance.
TORONTO COURT REPORTERS - TORONTO, ONTARIO
Hearing continued ...
MR. CHAIRMAN: I am going to do the same thing with Mr. Megens that we did with Mr. Steward. I will give him an adjournment to August 16th provided that the required documentation is satisfactory to the Administration of the Commission arrives here by day's end. It that does not arrive then I am going to refer him to the Administration to follow up to do whatever course they deem appropriate. The same applies to Mr. Macdonald. The Commission Administration is directed to follow up with Mr. Macdonald as to why he did not obey his summons and show as required or at least make some communication to the Commission. So I think that deals with Mr. Megens.
CERTIFIED CORRECT:____________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths
TORONTO COURT REPORTERS - TORONTO, ONTARIO