RULING NUMBER COM SB 034/2010
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 NICKOLAS STEWARD
On June 9, 2010, the Judges issued SB 42418 wherein Nickolas Steward (“Steward”) was given the penalty of a three day driving suspension for violation of Rule 22.05.01 (a) of the Rules of Standardbred Ruling for causing interference past the ¾ pole in Race #1 at Woodstock Raceway on May 29, 2010.
On June 21, 2010, Steward filed a Notice of Appeal, pursuant to Rule 24.01 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.
Steward did not attend the Hearing, citing medical reasons
The Panel postponed the appeal to August 16, 2010, provided documentation from Steward’s doctor was 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 26^th^ 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
NICK STEWARD
Held Before:
Rod Seiling, Chairman
This is an excerpt of a Hearing of the Ontario Racing Commission re: NICK STEWARD, 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.
TORONTO COURT REPORTERS - TORONTO, ONTARIO
hearing continued ...
MR. CHAIRMAN: Now, Mr. Bossence, you are also here on behalf of Mr. Steward?
MR. STEWARD: Yes.
MR. CHAIRMAN: You don't have anything from him?
MR. STEWARD: No. Mr. Walker was just out there again and nothing. All he says is that ‑‑
MR. CHAIRMAN: Okay, let's just get on the record here. This is a hearing of the Ontario Racing Commission under the Racing Commission Act of 2000 on the appeal and request for hearing of Mr. Nick Steward. So Mr. Bossence, please sit down for a minute. You were, as I understand it, expected to provide some documentation on behalf of Mr. Steward that he had a doctor's appointment and he couldn't be here this morning.
MR. BOSSENCE: No, he was going to fax it he said. He was going to fax it through.
MR. CHAIRMAN: Okay. Well ...
MR. BOSSENCE: And I don't know what time his appointment was at either but apparently he is there.
MR. CHAIRMAN: And what I am going to do is I will provide Mr. Steward an adjournment and reschedule his hearing for August 16th if by day's end documentation supporting that he is at the doctor's and couldn't be here arrives at the Commission offices. If it does not arrive I am going to refer his non-appearance here to the Administration for further follow up. I think that's fair and is as far as I can go. It's more than fair, so, thank you.
MR. BOSSENCE: Okay, thanks.
CERTIFIED CORRECT:____________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths
TORONTO COURT REPORTERS - TORONTO, ONTARIO