Ontario Racing Commission
TB
RULING NUMBER COM SB 054/2012
COMMISSION HEARING TORONTO, ONTARIO – NOVEMBER 21, 2012
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER IN THE APPEAL AND REQUEST FOR HEARING OF STANDARDBRED LICENSEE LUC OUELLETTE
On September 15, 2012, the Judges issued Standardbred Official Ruling SB 45513 wherein Luc Ouellette (“Ouellette“) was given a fine of $200 for violation of SB Rule 22.03 j (vii) for failure to come into position on the starting gate with the horse, Soprano Hanover, in the 3rd race at Mohawk Raceway on September 14, 2012.
On September 15, 2012, Luc Ouellette filed a Notice of Appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing
On November 21, 2012, a Panel of the Ontario Racing Commission (“ORC”), comprised of Commissioner John Macdonald, convened for the purpose of hearing this matter.
Neil McCoag appeared on behalf of the Administration of the ORC. Ouellette attended the Hearing and was unrepresented.
Ouellette requested to withdraw his appeal. The Panel granted his request to withdraw his appeal, however, the original fine of $200 stands. The Panel did not assess costs.
A transcript of the Panel’s Oral Decision is attached to this Ruling.
DATED at Toronto this 28th day of November 2012.
BY ORDER OF THE COMMISSION
Steven Lehman Executive Director
ONTARIO RACING COMMISSION STANDARDBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF LUC OULLETTE
Held Before: John Macdonald, Commissioner
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: LUC OULLETTE, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 21st day of November, 2012.
Appearances: Neil McCoag, agent for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: The simple answer for me as a member of the panel; I have heard all the questions and the appeal is going to be denied so the fine stays as it is but with the recommendation that the Administration work on some procedural changes to allow certain withdrawals to be made and especially, Mr. Oullette, you saw the paperwork. Once the machinery is started then there is an extra cost that normally would be added but the Administration is not pressing for that so this matter is now terminated. Thank you for bringing this to our attention.
MR. OULLETTE: Thank you very much.
CERTIFIED CORRECT:_________________________________ RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths