RULING NUMBER COM SB 025/2011
COMMISSION HEARING TORONTO, ONTARIO – MAY 5, 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 JUSTIN TURCOTTE
On March 25, 2011, standardbred driver Justin Turcotte (“TURCOTTE”) (ORC Licence W7978), appealed the Deputy Director’s Ruling SB 45/2011, wherein he was fined $1,000. and fully suspended for 3 days (March 27 to 29 inclusive) for failure to attend a hearing pursuant to a Summons to a Witness.
On May 5, 2011, a Panel of the Ontario Racing Commission (“ORC”) consisting of Chair Rod Seiling, convened to hear the appeal.
Rick Rier appeared as agent for the Administration. TURCOTTE attended the hearing in person and was unrepresented.
Upon hearing the submissions of Rier and Turcotte, the Panel dismissed the appeal but varied the penalty. TURCOTTE will now serve his full suspension on May 8 to 10 inclusive, and his fine is reduced to $750.
A transcript of the Panel’s Oral Decision is attached to this Ruling.
Dated at Toronto, Ontario this 9th day of May 2011.
BY ORDER OF THE COMMISSION ____________________________
John L. Blakney
Executive Director
1ONTARIO RACING COMMISSION
2STANDARDBRED HEARING
3
4
5 IN THE MATTER OF AN APPEAL AND REQUEST FOR
6 HEARING OF JUSTIN TURCOTT,
7
8
9 Held before:
10 Rod Seiling, Commissioner
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12 - - - - - - - - -
13 These are an excerpt of the proceedings
in the above-mentioned matter held before
14 The Ontario Racing Commission, Re: JUSTIN
TURCOTT, taken before Toronto Court
15 Reporters, Suite 1410, 65 Queen Street
West, Toronto, Ontario, at 10 Carlson
16 Court, Suite 400, Toronto, Ontario, on the
5th day of May, 2011
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18
19
Appearances:
20
Rick Rier, Agent for the Ontario
21 Racing Commission
Administration
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23
24
25
2
1 Hearing continued.....
2 COMMISSIONER SEILING: Inasmuch as
3 Mr. Turcott did testify, I think there's an
4 opportunity to vary the penalty, so I'm going
5 to reduce the penalty to $750 and I'll leave it
6 at three days.
7 Any questions? You can work out with
8 Mr. Rier when you serve those three days because I
9 don't know if it's down to drive or anything, so
10 obviously the penalty will have to commence.
11 MR. RIER: Correct. We would like to do that
12 now, with your permission.
13
14 --- Whereupon the hearing was concluded at 10:38
15 a.m.
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18 This is to certify that the
foregoing excerpt is a true
19 and accurate transcription of
the proceedings taken to the
20 best of my ability and skill.
21
22
23 ____________________________
Sandra Brereton
24 Certified Shorthand Reporter
Registered Professional Reporter
25