Ontario Racing Commission
RULING NUMBER COM SB 014/2011
COMMISSION HEARING TORONTO, ONTARIO – APRIL 13, 2011
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 DAN LEBLONC
On February 19, 2011, standardbred Driver Dan LeBlonc, ("LEBLONC") (ORC Licence #C3046), appealed Judges Ruling SB43219, dated February 19, 2011, wherein he was fined the sum of $200 and suspended for 3 days (February 25th to the 27th inclusive) for excessive use of the whip during the 12th race, on February 10, 2011, at Kawartha Downs, in violation of Rule 22.2.01(b) of the Rules of Standardbred Racing.
On April 13, 2011, a Panel of the Ontario Racing Commission ("ORC") consisting of Commissioner Brenda Walker as Chair, was convened to hear the appeal.
Rick Rier appeared as agent for the Administration. LEBLONC attended the hearing in person and was self represented.
Upon hearing the testimony of Judge Rick Rier, upon reviewing the exhibits filed and upon hearing the submissions of Rier and LEBLONC, the Panel dismissed the appeal. LEBLONC will now serve his driving suspension April 19th to the 21st inclusive.
A transcript of the Panel's Oral Decision is attached to this Ruling.
Dated at Toronto, Ontario this 15th day of April 2011.
BY ORDER OF THE COMMISSION ____________________________
Rob McKinney
(Acting) Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF
DAN LEBLONC,
Held Before:
Brenda Walker, Commissioner
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: DAN LEBLONC, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 13th day of April 2011.
Appearances:
Rick Rier,
agent for the Ontario Racing Commission Administration
Hearing continued ...
MR. RIER: All rise please.
MADAME CHAIR: Can I just clarify? On the rule violation we have got 22.23.01(b) which is the whip strikes the horse between and above the shaft?
MR. RIER: No. 22.23.01(b) is at any time while on the grounds of an association it is an offence for a driver or the person in control of the horse to engage in any of the following actions and (b) excessive action characterized by unreasonable quantity or degree.
MADAME CHAIR: Okay, so that's not in here. So that's the updated?
MR. RIER: Yes.
MADAME CHAIR: Okay. I just wanted to make sure. I know we have the extra sheets but I just wanted to make sure we had the right rule.
MR. RIER: You are looking for an August 12th Standardbred directive.
MADAME CHAIR: Okay because I thought that's what we were doing but when I looked in my book to read the rule it is not the same one as yours. Okay. I'm going to read the decision. This is a hearing for Dan LeBlonc SB43219 for violating Rule 22.23.01(b). He was fined $200.00 and got three days from driving while driving the horse PARTYTIME in the 12th race at Kawartha Downs on February the 10th, 2011. After hearing the evidence and watching the tapes the appeal has been disallowed. The fine will be $200.00 and three days. The lack of knowledge of the rules cannot be used as a defence. It is the participants' responsibility to make themselves aware of all rules pertaining to racing and the whipping violation has been a very well publicized and there has been a lot out there. I mean you must - you say you don't have a computer?
MR. LEBLONC: No.
MADAME CHAIR: You don't have a computer which is unfortunate.
MR. LEBLONC: I'm off the grid.
MADAME CHAIR: Yes. I know there has been a lot of people have asked for rules to be sent to them and I think it comes down to, you know, the time and the money of sending all those rules to every individual. We try to get them out there as much as we can with all the, you know, they have been in the magazines, they have been on the internet and unfortunately we can't send one out to everybody. The other thing is, I mean, the concern I would have had with it and you have had a very good record and unfortunately you couldn't have been given a warning. You know, the way it is I know they had been giving warnings but unfortunately you weren't able to get a warning so anyways as it is the Judges' decision will stand.
MR. RIER: Thank you and as Mr. LeBlonc is here and if I could just meet with him for two seconds to see if he has any horses in to race.
MADAME CHAIR: Okay.
CERTIFIED CORRECT__________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths