Ruling Number COM SB 039/2010
COMMISSION HEARING TORONTO, ONTARIO – AUGUST 19, 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 PHIL HUDON
Standardbred Licensee Phil Hudon ("Hudon"), is licensed by the Ontario Racing Commission ("ORC") as a driver/trainer, licence number R10216.
On August 10, 2010, Hudon provided a breath sample in accordance with his post-violation agreement, which resulted in an initial reading of .029 BAC and a second reading of .021 BAC, in violation of Rule 36.08(a) (i) of the Rules of Standardbred Racing ("the Rules"). As a result, the Judges issued Ruling SB 42382 wherein Hudon was fined $100 and suspended for one day.
On August 17, 2010, the Executive Director issued Ruling SB 143/2010, wherein Hudon was suspended from performing the duties for which he is licensed and referred to the Commission, pursuant to Rule 36.08(g) of the Rules.
On August 19, 2010, a Panel of the ORC consisting of Chair Rod Seiling was convened to hear the Hudon matter.
Angela Holland appeared as counsel for the Administration. Hudon appeared and was self-represented.
Upon reviewing the exhibits filed, and upon hearing the submissions of counsel for the Administration and the submissions of Hudon, the Panel ordered as follows:
i. The suspension is lifted;
ii. Hudon is fined $1,000;
iii. Hudon is required to perform 40 hours community service with the Standardbred Adoptions Society, at Mohawk Raceway;
iv. Hudon will enter into a new post-violation agreement for a period of 2 years; and
v. Hudon is to enroll in an after-care program suitable to the Substance Abuse Professional (SAP).
A Transcript of the Panel's Reasons for Decision is attached to this Ruling.
DATED at Toronto this 20th day of August 2010.
BY ORDER OF THE COMMISSION
Rob McKinney
Acting Executive Director
ONTARIO RACING COMMISSION
RE: STANDARDBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF PHIL HUDON
Held Before:
Rod Seiling, Chairman
This is an excerpt of a Hearing of the Ontario Racing Commission re: PHIL HUDON, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 19th day of August, 2010.
Appearances:
Angela Holland,
agent for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: I am going to vary the recommendation because I have spent some time thinking about this. I am going to fine you a $1,000.00 but it is coming to this organization because of the costs involved. I am not going to suspend you but I am going to require 40 hours of community service from you. That 40 hours is going to be with the Standardbred Adoptions Society and I will leave it for you to work out with Ms. Holland and she can direct you but specifically, as you know, every day at Mohawk they have a horse there so you can work off your time helping them, in your colours, with that horse helping to support and explain why it is such a great cause. You are going to enter into a new post violation agreement. I want you enrolled in an after care program that is acceptable to the SAP people and I am going to put you on probation for two years. You have a talent but unfortunately that talent seems to have stopped when it comes to your other part of your life between your ears and somehow you had better get it fixed in a hurry, sir because you are reaching the end of your line. Driving under any influence is not only taking your own safety in the hands of whatever but you are putting at risk other horses and your fellow drivers and we can't accept that. So you have to get your life in order, sir and I hope I never see you back here again.
MR. HUDON: You won't.
MR. CHAIRMAN: Thank you.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths