Ontario
Racing
Commission
l
RULING NUMBER COM SB 032/2011
COMMISSION HEARING TORONTO, ONTARIO – JUNE 9, 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 DOUGLAS MCNAIR
On April 27, 2011, the Judges issued Official Ruling SB 43824 wherein Doug McNair was given the penalty of a $100 fine for violation of Rule 22.03(j) (i), for delaying the start of Race 1 on April 27, 2011, at Western Fair Raceway.
On April 29, 2011, Doug McNair (McNair) filed a Notice of Appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.
On June 9, 2011, a Panel of the Ontario Racing Commission (ORC), comprised of Chair Rod Seiling convened for the purpose of hearing this matter.
Craig Walker appeared on behalf of the Administration of the ORC. Doug McNair attended the Hearing and was self represented.
After reviewing the evidence, hearing the testimony of Judge Neil McCoag, Paddock Judge Leslie Jackson, George Atkinson and Doug McNair and upon considering the closing submissions, the Panel ordered as follows:
The appeal of SB 43824 is upheld.
McNair is found to be in violation of Rule 25.10, failure to report to the horse 2 minutes prior to the post-parade and is fined the sum of $200.
A transcript with the Panel’s Reasons for Decision is attached to this Ruling.
DATED at Toronto this 16th day of June 2011.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF DOUGLAS MCNAIR, OWNER/DRIVER/TRAINER FOR STANDARDBRED RACE HORSES
Held Before:
Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: DOUGLAS MCNAIR, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 9th day of June, 2011.
Appearances:
Craig Walker,
agent for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: Because it is a de novo hearing I am going to accept your appeal and I'm going to fine you $200.00 for not being there on time.
MR. MCNAIR: Okay.
MR. CHAIRMAN: And I am going to leave it; we are going to refer it back to the Administration to deal with the issue as to whose responsibility it is for supplying fenders and when they have to be on.
MR. MCNAIR: Are you going to make that as a rule?
MR. CHAIRMAN: Well, we will leave it for the Administration. It is not for me or the Board to make the rules. We approve rules brought forward to us but we will leave that. I get your point.
MR. MCNAIR: Yes.
MR. CHAIRMAN: And but as I said earlier, that point would be totally moot, we wouldn't be here, you wouldn't be here, if you had reported the two minutes before. You should have been there and Mr. Atkinson quickly would have found a pair of fenders. You had three sets, he had sets.
MR. MCNAIR: No, I'm glad. I'll pay that for sure. I just didn't agree with the first one.
MR. CHAIRMAN: Okay, so your appeal succeeds but you are fined $200.00 and I don't have in front of me and we had better make it official. Can one of the officials down there refer me to the right rule?
MR. WALKER: The rule, I don't know if it appears in the current version.
MR. CHAIRMAN: I know that. We will just leave it being for not reporting within the required two minutes prior to the race.
MR. WALKER: But it will be 25.10.
MR. CHAIRMAN: Okay. You are fined $200.00 for violating of Rule 25.10.
MR. MCNAIR: That's what it is, $200.00?
MR. CHAIRMAN: $200.00.
MR. MCNAIR: Okay. That's it?
MR. CHAIRMAN: That's it.
MR. MCNAIR: Okay, thanks.
CERTIFIED CORRECT _________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths