RULING NUMBER COM SB 007/2012
COMMISSION HEARING TORONTO, ONTARIO – FEBRUARY 22, 2012
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF
STANDARDBRED LICENSEE ROBERT CAMPBELL
Robert R. Campbell ("Campbell") is licensed by the Ontario Racing Commission ("ORC") as a Driver/Trainer/Owner (license #B93951).
On June 24, 2011, the Deputy Director of the ORC issued Ruling Number SB 91/2011 to Campbell wherein he was fined $500 and suspended for 15 days (June 24 to July 8, 2011) in accordance with Rule 36.08(c) (i) of the Rules of Standardbred Racing ("SB Rules"). Pursuant to Rule 36.08(f) of SB Rules, Campbell was also required to meet conditions prior to licence reinstatement.
On July 18, 2011, the Executive Director of the ORC issued Ruling Number SB 113/2011 to Campbell confirming that Campbell satisfied the conditions for reinstatement and, thereby, was reinstated.
On February 3, 2012, the Judges at Western Fair issued Standardbred Official Ruling SB 44802 to Campbell wherein he was fined $300 and suspended for 5 days (February 3 to 7, 2012) pursuant to Rule 36.08(b) (i) of SB Rules.
On February 8, 2012, Campbell submitted an Application for Reinstatement Hearing.
On February 10, 2012, the Deputy Director of the ORC issued Ruling Number SB 12/2012 wherein Campbell was referred to a Panel of the ORC.
On February 13, 2012, a Notice of Hearing was issued to notify the parties that a Panel of the ORC would be convening for this matter on February 22, 2012.
On February 22, 2012, a Panel of the ORC, comprised of Chair Rod Seiling, was convened to hear this matter.
Campbell attended in person, and was unrepresented. Jennifer Friedman appeared as counsel for the Administration of the ORC.
Upon hearing the submissions of counsel for the Administration of the ORC in respect to an abridged penalty, which was on consent of Campbell, the Commission ordered as follows:
The $300 that Campbell has paid to the ORC be credited towards satisfying the February 21, 2012 invoice from Morneau Shepell in the amount of $2,373;
Campbell shall pay to the ORC the remaining balance in the amount of $2,073 by June 22, 2012;
Campbell's post-violation agreement shall be extended from one year to two years in duration;
Campbell shall make all after-care reports available to the ORC forthwith; and
Campbell shall keep the peace and be of good behaviour for the duration of his post-violation agreement. Failure to do so will result in his immediate suspension and he shall appear before the Director of the ORC.
The transcript with the Panel's Oral Decision is attached to this Ruling.
DATED at Toronto this 7th day of March 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. C.20 AND THE RULES OF STANDARDBRED RACING:
IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF ROBERT CAMPBELL:
Held Before:
Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: ROBERT CAMPBELL, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 22nd day of February, 2012.
Appearances:
Jennifer Friedman,
for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: Based on the recommendations of the Administration at the opening of the appellant's hearing and his stated willingness to accept the three parts of the proposal the panel orders the following without receiving any further evidence and/or testimony. 1) the $300.00 Mr. Campbell has paid the ORC be credited towards payment of the February 21, 2012 invoice from Morneau, Shepell in the amount of $2,373.00. 2) Mr. Campbell agrees to pay the ORC the remaining balance of $2,073.00 by June 22, 2012. 3) Mr. Campbell's post violation agreement be extended from one to two years. 4) Mr. Campbell make available to the ORC forthwith all reports created by his professional after care person and that all further reports be made available on the same basis, And then 5) Mr. Campbell; I have added this one, Mr. Campbell shall keep the peace and be of good behaviour for the time of his post violation agreement. Failure to do so will result in his immediate suspension and he will need to appear before the Director of the ORC before any penalties are awarded. And that was just simply one we put in all post violation agreements, as I recall. It may be already in there but I want to make sure that it gets stuck in this one, in the Order. So are you agreeable to this?
MR. CAMPBELL: Yes, I am.
MR. CHAIRMAN: Thank you, then that's the ruling and I think we are concluded. Thank you.
CERTIFIED CORRECT_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths