RULING NUMBER COM TB 017/2012
COMMISSION HEARING TORONTO, ONTARIO – OCTOBER 29, 2012
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEALS AND REQUESTS FOR HEARING OF
ROGER ATTFIELD, MICHAEL DOYLE, JUSTIN NIXON AND CLAUDIA RABSTEIN
Roger Leslie Attfield (“ATTFIELD”) is licensed by the Ontario Racing Commission (“ORC”) as a Trainer/Owner/Exercise Person (licence #112222).
On September 4, 2011, the horse, Galan’s Wings (tattoo #M10557), participated in the 3rd race at Woodbine and finished 1st. At all material times, ATTFIELD was the trainer of Galan’s Wings (“Attfield Horse”).
Claudia S. Rabstein (“RABSTEIN”) is licensed by the ORC as a Trainer/Owner/Exercise Person (licence #119673).
On September 27, 2011, the horse, Gold Dreamer (tattoo #L17043), participated in the 8th race at Fort Erie and finished 1st. At all material times, RABSTEIN was the trainer of Gold Dreamer (“Rabstein Horse”).
Justin J. Nixon (“NIXON”) is licensed by the ORC as a Trainer/Exercise Person (licence #104747).
On October 17, 2011, the horse, Northern Hunter (tattoo #L29191), participated in the 2nd race at Fort Erie and finished 4th. At all material times, NIXON was the trainer of Northern Hunter (“Nixon Horse”).
Michael J. Doyle (“DOYLE”) is licensed by the ORC as a Trainer/Owner/Exercise Person (licence #121298).
On October 29, 2011, the horse, Irish Songster (tattoo #M32220), participated in the 2nd race at Fort Erie and finished 4th. At all material times, DOYLE was the trainer of Irish Songster (“Doyle Horse”).
On April 25, 2012, the Stewards issued the following Rulings:
i) Ruling Number TB 7453/12 wherein a 15-day suspension and a $1,000 fine were imposed upon ATTFIELD for violating Rule 15.06.03(c) of the Rules of Thoroughbred Racing (“TB Rules”). Attfield Horse was declared unplaced pursuant to Rule 15.04.03 of TB Rules. Rules 15.04.01, 15.04.02.1, 15.04.02.2, 15.04.02.3(i), 15.34, 16.13(c)(d), and 24.04 of TB Rules, and Policy Directive Nos. 1 & 2 – 2008 were also included in the Ruling;
ii) Ruling Number TB 7454/12 wherein a 15-day suspension and a $1,000 fine were imposed upon DOYLE for violating Rule 15.06.03 of TB Rules. Doyle Horse was declared unplaced pursuant to TB Rule 15.04.03. Rules 15.04.01, 15.04.02.1, 15.04.02.2, 15.04.02.3(i), 15.34, 16.13(c)(d), and 24.04 of TB Rules, and Policy Directive Nos. 1 & 2 – 2008 were also included in the Ruling.
iii) Ruling Number TB 7455/12 wherein a 15-day suspension and a $1,000 fine were imposed upon RABSTEIN for violating Rule 15.06.03(c) of TB Rules. Rabstein Horse was declared unplaced pursuant to Rule 15.04.03 of TB Rules. Rules 15.04.01, 15.04.02.1, 15.04.02.2, 15.04.02.3(i), 15.34, 16.13(c)(d), 24.04 of TB Rules, and Policy Directive Nos. 1 & 2 – 2008 were also included in the Ruling.
iv) Ruling Number TB 7456/12 wherein a 15-day suspension and a $1,000 fine were imposed upon NIXON for violating Rule 15.06.03(c) of TB Rules. Nixon Horse was declared unplaced pursuant to Rule 15.04.03 of TB Rules. Rules 15.04.01, 15.04.02.1, 15.04.02.2, 15.04.02.3(i), 15.34, 16.13(c)(d), 24.04 of TB Rules, and Policy Directive Nos. 1 & 2 – 2008 were also included in the Ruling.
On April 26, 2012, ATTFIELD and DOYLE filed Notices of Appeal in relation to Ruling Numbers TB 7453/12 and TB 7454/12, and requested stays.
On April 27, 2012, RABSTEIN and NIXON filed Notices of Appeal in relation to Ruling Numbers TB 7455/12 and TB 7456/12, and requested stays.
On April 30, 2012, the Deputy Director issued Ruling Numbers TB ADMIN 15/2012, TB ADMIN 16/2012, TB ADMIN 17/2012, and TB ADMIN 18/2012 wherein ATTFIELD, DOYLE, RABSTEIN and NIXON respectively received stays until the disposition of their appeals.
On July 12, 2012, a Notice of Hearing was issued to inform the parties that a Panel of the ORC would be convening on August 21, 2012 for the purpose of hearing the appeals of ATTFIELD, DOYLE, RABSTEIN and NIXON.
The August 21, 2012 Hearing date was adjourned on consent of the parties.
On September 12, 2012, a Notice of Hearing was issued to inform the parties that a Panel of the ORC would be convening on October 29, 2012 at 8:00 a.m. for the purpose of hearing the appeals of ATTFIELD, DOYLE, RABSTEIN and NIXON.
On October 29, 2012, a Panel of the Ontario Racing Commission consisting of Vice Chair Hon. James M. Donnelly, and Commissioners Dan Nixon and Anne Walker was convened to hear this matter.
Peter Howard appeared as counsel on behalf of ATTFIELD and DOYLE. HBPA representative Conrad Cohen attended on behalf of NIXON and RABSTEIN. Jennifer Friedman appeared as counsel on behalf of the Administration of the ORC.
Following a Pre-Hearing Conference, all parties presented a Joint Submission on Disposition to the Panel.
The Panel approved the Joint Submission on Disposition and ordered the following:
i) Each of the appellants shall pay a fine in the amount of $900 within 14 days;
ii) The unplacing and the revised orders of finish enumerated in the Rulings is confirmed;
iii) The purse redistribution for the races referenced in the Rulings is confirmed.
The transcript with the Panel’s Oral Disposition is attached to this Ruling.
DATED at Toronto this 7th day of November 2012.
BY ORDER OF THE COMMISSION __________________________________
Steven Lehman
Executive Director
ONTARIO RACING COMMISSION
THOROUGHBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF ROGER ATTFIELD, MICHAEL DOYLE, JUSTIN NIXON and
CLAUDIA RABSTEIN
Held Before:
James Donnelly, Vice Chairman
Dan Nixon, Commissioner
Anne Walker, Commissioner
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: ROGER ATTFIELD et al, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 29th day of October, 2012.
Appearances:
Jennifer Friedman,
counsel for the Ontario Racing Commission Administration
Peter Howard counsel for Roger Attfield and Michael Doyle
Conrad Cohen agent for Justin Nixon and Claudia Rabstein
Hearing continued ...
MR. CHAIRMAN: Thank you very much. The practice is that in dealing with joint submissions the agreement by counsel is entitled to serious consideration and respect. In this case it has obviously been the product of some work and diligence. We are satisfied that it is a disposition that should be accepted and an order will issue in the terms of the agreement signed by all parties. Is there anything further?
MR. HOWARD: Just before you rise, Mr. Vice Chair, I would be remiss if, having appeared here from time to time, if I didn’t thank you for your years of service and thank you for your comments this morning. We hope they get taken to heart and we very much appreciate you cutting through this.
MR. CHAIRMAN: Well, if you happen to be around the front door five minutes from now you can shove me out. Thank you very much.
CERTIFIED CORRECT_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths