RULING NUMBER COM SB 033/2010
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 LICENSEE MICHAEL LANGDON
On June 6, 2010, the Judges issued Standardbred Official Ruling SB 42355 wherein Michael Langdon (“Langdon”) was given the penalty of a $300 fine and a five-day driving suspension for violation of Rules 22.23.03 (a), 22.23.01 (b) and 22.23.04 (b) of the Rules of Standardbred Racing for excessive action while urging the horse SAVANNAS GETWAY in Race 5 at Flamboro Downs on June 4, 2010.
On June 6, 2010, Langdon 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. Langdon attended the Hearing and was represented by Jody Jamieson.
Langdon pleaded guilty to the offence.
The Panel upheld the Judges’ Ruling of the $300 fine and five-day driving suspension, which are to be served on July 25, 26, 27, 28 and 29, 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 MICHAEL LANGDON
Held Before: Rod Seiling, Chairman
This is an excerpt of a Hearing of the Ontario Racing Commission re: MICHAEL LANGDON, 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
Hearing continued ...
MR. CHAIRMAN: Would Mr. Langdon be caught up in the same situation as Mr. MacDonald?
MR. LANGDON: Yes, sir.
MR. CHAIRMAN: Well, if we made a ruling as such for Mr. MacDonald it would be unfair to Mr. Langdon not to apply the same process. So just for the record, Mr. McCoag, can you just take us through what dates Mr. Langdon filed his appeal?
MR. MCCOAG: Mr. Langdon is appealing SB 42355. It is from an incident in violation of the urging rules which occurred on June 4th, 2010 in race 5 at Flamboro Downs. He was given a $300.00 fine and a five day driving suspension. It was his second offence.
MR. CHAIRMAN: I'm just looking for the day he filed his appeal.
MR. MCCOAG: And he filed his appeal June 7th.
MR. CHAIRMAN: June 7th so that was before the new procedures came out.
MR. MCCOAG: That again was before the new proceedings.
MR. CHAIRMAN: And the new proceedings came into effect June 14th.
MR. MCCOAG: 14th.
MR. CHAIRMAN: So, Mr. Langdon, I'm prepared to offer you the same deal that I did Mr. MacDonald. If you are prepared to drop your appeal there would be no further recourse and you would work out with the Judges immediately when you will serve your penalty.
MR. LANGDON: Yes, sir.
MR. CHAIRMAN: Do you accept that?
MR. LANGDON: Yes, sir.
MR. MCCOAG: Yes. Thank you.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths