RULING NUMBER COM SB 050/2012
COMMISSION HEARING TORONTO, ONTARIO – OCTOBER 23, 2012
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF STANDARDBRED LICENSEE BILL DAVIS
On June 17, 2012, the Judges at Woodbine issued Standardbred Official Ruling SB 44865 wherein a 60-day full suspension and a fine of $1,500 were imposed upon Bill H. Davis (“DAVIS”) for violating Rules 22.38, 22.38.06, 26.02.01, and 26.02.03 of the Rules of Standardbred Racing as a consequence of a TC02 positive test for the horse, BLENDED WHISKEY (tattoo #1DP61),
On June 17, 2012, the Judges also issued Standardbred Official Ruling SB 44866 to DAVIS wherein, pursuant to Policy Directive No. 3-2008, conditions are to be placed on DAVIS’ licence upon reinstatement for a two-year period.
On June 21, 2012, DAVIS filed a Notice of Appeal.
On June 22, 2012, the Deputy Director issued Ruling Number SB 75/2012 wherein DAVIS received a conditional stay of his penalties.
On September 25, 2012, a Notice of Hearing was issued to inform the parties that a Panel of the ORC would be convening on October 19, 2012, for the purpose of hearing DAVIS’ appeal.
On October 17, 2012, counsel on behalf of DAVIS notified counsel on behalf of the Administration of the Ontario Racing Commission (“ORC”) that DAVIS wished to withdraw his appeal.
On October 23, 2012, a Panel of the ORC comprised of Chair Rod Seiling was convened for the purpose of an Electronic Hearing.
Robert Burgess attended via telephone on behalf of DAVIS. Jennifer Friedman appeared on behalf of the Administration of the ORC.
Upon reviewing the exhibits and hearing the submissions of counsel, the Panel:
i) Accepted the withdrawal of the appeal by DAVIS, and
ii) Ordered payment of costs in the amount of $1,500 to be payable by DAVIS to the Administration of the ORC, pursuant to Policy Directive No. 3-2010.
DAVIS will pay the fine of $1,500 and serve the 60-day full suspension from November 7, 2012 through January 7, 2013 inclusive.
An excerpt from the transcript of the Hearing is attached to this Ruling.
DATED at Toronto this 1st day of November, 2012.
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 BILL DAVIS
Held Before: Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: BILL DAVIS, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 23rd day of October, 2012.
Appearances: Jennifer Friedman, counsel for the Ontario Racing Commission Administration Robert Burgess, counsel for licensee Bill Davis
Hearing continued ...
MR. CHAIRMAN: I'm ready to make a decision. I am going to agree to allow the appeal to be dropped but I am going to award costs of $1,500.00 based on policy directive 3-2010 because the appeal was withdrawn less than 48 hours of the hearing date and the industry itself has been pushing this Commission to use its resources diligently and to not charge back those costs that the Commission has incurred would set a bad precedent and not be in compliance with the industry's request to the ORC to use those resources, which the industry funds, wisely. Thank you.
MS. FRIEDMAN: Thank you.
CERTIFIED CORRECT_________________________________
RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths