RULING NUMBER COM TB 001/2010
COMMISSION HEARING TORONTO, ONTARIO – APRIL 13, 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
THOROUGHBRED LICENSEE TERRY HUSBANDS
On April 3, 2010, the Stewards issued Thoroughbred Official Ruling TB 6363/10 wherein Mr. Husbands was declared ineligible to receive an apprentice jockey’s weight allowance. No weight allowance may extend past three years from the date of their first race without a physician’s report contrary to ORC rule 30.18 of the Thoroughbred Rules of Racing.
On April 4, 2010, Mr. Husbands filed a Notice of Appeal pursuant to Rule 13.17(b) of the Rules of Thoroughbred Racing.
On April 13, 2010, a Panel of the ORC, comprised of Commissioner Rod Seiling, convened for the purpose of hearing this matter.
Richard Grubb appeared on behalf of the Administration for the ORC. Mr. Husbands was represented by counsel, Harvey Swartz.
After reviewing evidence, hearing the testimony of Steward Richard Grubb and Terry Husbands and upon considering the closing submission, the Panel accepts the appeal. Mr. Husbands will be eligible for an apprentice jockey’s licence until June 15, 2010.
The Panel’s Reasons for Decision is attached to this Ruling.
BY ORDER OF THE COMMISSION
Rob McKinney
Acting Executive Director
REASONS FOR DECISION
Overview
- Thoroughbred licensee Terry Husbands appealed TB Ruling No. 6363/10 wherein he was ruled ineligible to receive an apprentice jockey’s licence.
Background
Mr. Husbands received an apprentice jockey’s licence on or about June 11, 2006. The exact date was unavailable but his first recorded win as an apprentice jockey was June 11, 2006.
Mr. Husbands experienced some health related issues that prevented him from riding for a period of time. TB Rule No. 30.18 states, “No weight allowances granted an apprentice jockey shall extend past (3) three years from the date of their first race with the exception of medical extension(s). If medical extensions have been granted the weight allowances shall extend past (3) three years only for the total number of days granted in said extension(s). To qualify for a medical extension a physician’s report(s) must be submitted to the Commission prior to the termination of the apprentice jockey’s allowances.”
Under this rule, Mr. Husbands’ apprentice jockey’s licence would expire on June 10, 2009.
Mr. Husbands submitted his physician’s medical certificate on August 19, 2009, to support his request for an extension for his apprentice jockey’s licence. He claimed that he was unable to ride since 2006 due to illness.
The request for an extension for his apprentice jockey’s licence was submitted about two months after the time frame as outlined in TB Rule No 30.18. However, due to a clerical error by ORC officials, Mr. Husbands was granted an extension to his apprentice licence. That extension would have enabled him to ride as an apprentice until September 14, 2010, according to his legal counsel, Harvey Schwartz.
Steward Richard Grubb submitted that Mr. Husbands rode as an apprentice jockey for a portion of the 2009 thoroughbred racing season on an apprentice licence when he was not entitled to such and on that basis he was denied his apprentice licence for the start of the 2010 Ontario thoroughbred racing season.
Issue
- Should Mr. Husbands be granted an extension to his apprentice jockey’s licence?
Decision
- After carefully reviewing the testimony and reading the documents, the Panel accepts Mr. Husbands appeal. He will be eligible for an apprentice jockey’s licence until June 15, 2010.
Reasons for Decision
TB. Rule No. 30.18 is clear; to receive an extension for an apprentice licence, the person must apply before the three-year time frame expires. Mr. Husbands applied some time past that date and in actual fact, through an error by the officials had the benefit of over three years as an apprentice. He clearly is not eligible for an apprentice jockey’s licence.
However, due to a clerical error made by the Commission’s officials and done so without malice, Mr. Husbands will be eligible to ride as an apprentice up to and including June 15, 2010.
The Stewards were correct in their ruling.
DATED this 14th day of April 2010.
Rod Seiling
Chair