Ontario Racing Commission
TB
AMENDED RULING NUMBER COM SB 020/2010
COMMISSION HEARING TORONTO, ONTARIO – APRIL 14, 2010
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER IN THE APPEAL AND REQUEST FOR HEARING OF STANDARDBRED LICENSEE ISAAC WAXMAN, LICENCE NO. Z0696.
On March 21, 2010, the Judges issued Standardbred Official Ruling SB41942, wherein Isaac Waxman ("Waxman") was given the penalty of a 15-day driving suspension for the following reasons:
Violation of O.R.C. rules 22.05.01(a) and 22.05.01(j); did bear in and cause interference to another horse and, did drive in a careless and reckless manner, at Flamboro Downs on March 14, 2010, in race 10.
On March 22, 2010, Waxman filed a Notice of Appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.
On April 14, 2010, a Panel of the ORC, comprised of Commissioner Brenda Walker, convened for the purpose of hearing this matter.
Rick Rier appeared on behalf of the Administration of the ORC. Isaac Waxman attended the Hearing and was unrepresented.
After reviewing the evidence, hearing the testimony of Peter Gillies, Mark MacDonald, Paul MacKenzie, and Bill Davis, Jr., and upon considering the closing submissions, the Panel disallowed the appeal and upheld the ruling of the Judges.
The Panel's Reasons for Decision is attached to this Ruling.
DATED at Toronto this 15th day of April, 2010.
BY ORDER OF THE COMMISSION
Rob McKinney
Acting Executive Director
REASONS FOR DECISION
- Standardbred Owner/Trainer/Driver, Isaac Waxman ("Waxman"), is appealing Judges Ruling SB 41942 wherein he was suspended for 15 days from driving for violation of Rules 22.05.01 (a) and (j) while driving the horse BOSS OUTLAW in the 10th race at Flamboro Downs on March 14, 2010:
Rule 22.05.01 (a) - Change course or position, or swerve in or out, or bear in or out during any part of the race in such a manner as to compel a horse to shorten its stride or cause another driver to change course, take his or her horse back, or pull his or her horse out of its stride.
Rule 22.05.01 (j) - Drive in a careless or reckless manner.
The appeal is on penalty only as Waxman has admitted to the interference.
Having viewed the race patrol films and having heard sworn testimonies of Judge Peter Gillies, Drivers Paul MacKenzie, Mark MacDonald, Billy Davis, Jr. and Isaac Waxman, the appeal is disallowed.
The testimony showed that there was great concern for the health and welfare of the horses and drivers in the race, as well as the inexperience of Waxman who has had only 79 drives in three years and already served a 30-day driving suspension within the last two years.
The Judges have taken into consideration Waxman's past record, the type of interference and the seriousness of the offence before coming to the 15-day suspension penalty.
In this case I believe that the 15-day driving suspension is reasonable and uphold the ruling of the Judges.
DATED this 15th day of April 2010.
(original signed by) Brenda Walker
Brenda Walker
Commissioner