Ontario Racing Commission
RULING NUMBER COM SB 019/2012
COMMISSION HEARING TORONTO, ONTARIO – MAY 10, 2012
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER OF TWO APPEALS AND A NOTICE OF PROPOSED ORDER TO REFUSE LICENCE APPLICATION AND REQUESTS FOR HEARINGS BY
STANDARDBRED LICENSEE BRIAN ROY LAWSON (“Lawson”)
On May 10, 2012, a Panel of the Ontario Racing Commission (“ORC”) was convened consisting of Commission Member, John Macdonald as Acting Chair, to hear the two appeals and the Notice of Proposed Order to refuse licence application.
Lawson attended the hearing in person.
Brian Tropea, General Manager, Ontario Harness Horse Association, appeared as the representative for Lawson.
Anthony Williams appeared as counsel for the Administration of the ORC.
Upon reviewing the exhibits filed, and upon hearing the submissions of both Brian Tropea and counsel for the Administration, the Panel ruled as follows:
I Re Standardbred Official Ruling SB 29955 (Premarin)
Violation date: December 9, 2003 at Flamboro Downs Raceway
(a) Lawson has abandoned his appeal against conviction for violation of Standardbred Rule of Racing 10.01 (b);
(b) On consent, the penalty imposed is varied as follows:
fine of $5,000 and
a six-month full suspension, consecutive to suspensions currently being served;
and
II Re Standardbred Official Ruling SB 29994 (syringe)
Violation date: March 16, 2004 at Flamboro Downs Raceway
(a) Lawson has abandoned his appeal against conviction for violation of Standardbred Rule of Racing 10.1 (a);
(c) On consent, the penalty imposed is varied as follows:
fine of $3,500 and
a four-month full suspension, consecutive to suspensions currently being served and consecutive to the suspension imposed for the December 9, 2003 violation.
and
III Re Notice of Proposed Order to Refuse Licence Application dated March 5, 2005
On consent, the Notice of Proposed Order to refuse to issue a licence to Lawson is withdrawn by the Administration;
and
IV Other
On consent, there are no orders as to costs.
An excerpt of the Oral Decision of the Panel on May 10, 2012 is attached to this Ruling.
DATED at Toronto this 10th day of May 2012.
BY ORDER OF THE COMMISSION ________________________________
John L. Blakney
Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF THE RACING COMMISSION ACT, 2000, S.O. 2000, C. 20 AND THE RULES OF STANDARDBRED RACING, 2008;
AND
AND IN THE MATTER OF AN APPLICATION FOR 3 ADJOURNMENTS BY BRIAN ROY LAWSON (APPLICANT)
Held Before:
John Macdonald, Commissioner
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: BRIAN R. LAWSON, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 10th day of May, 2012.
Appearances:
Anthony Williams,
for the Ontario Racing Commission Administration
Brian Tropea, agent for Brian Lawson
Hearing continued ...
MR. CHAIRMAN: Mr. Lawson is aware that he is currently under suspension?
MR. TROPEA: Yes.
MR. CHAIRMAN: And the matter of costs outstanding. Personally, Mr. Tropea, I am pleased that this matter has been resolved. It has been a long outstanding matter and it helps to get some things off the books eventually.
MR. TROPEA: Yes, I agree, sir.
MR. WILLIAMS: Me too.
MR. CHAIRMAN: Gentlemen, I have had a quick look at the proposed resolution and other than my brief comments on the question of costs I propose that the order will go and as requested items I, II and III and in respect of item IV we just need the (a) part of the order and that is the fact that there is no order as to costs. The rest of it is something that is without prejudice as far as the future application by Mr. Lawson to be licensed. Anything further, counsel?
MR. WILLIAMS: No, sir. Thanks very much.
MR. TROPEA: Thank you, sir.
MR. CHAIRMAN: Thank you both.
CERTIFIED CORRECT: _________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths