Ontario
Racing
Commission
RULING NUMBER COM TB 001/2012
COMMISSION HEARING TORONTO, ONTARIO – APRIL 4, 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 BY
THOROUGHBRED LICENSEE GARRY CRUISE
On August 29, 2011, the Stewards issued Ruling Number TB 7237/11 to Garry Cruise (“CRUISE”) wherein they suspended CRUISE for six (6) months for an unsatisfactory ride on the horse, Thatswhatyouthink, pursuant to Rules 9.01, 15.09.01 and 16.13(d) of the Rules of Thoroughbred Racing (“TB Rules”).
On August 30, 2011, CRUISE filed a Notice of Appeal.
On September 1, 2011, the Deputy Director of the Ontario Racing Commission (“ORC”) issued Ruling Number TB ADMIN 41/2011 wherein CRUISE received a stay of his penalty pending disposition of his appeal.
On April 4, 2012, a Panel of the Ontario Racing Commission consisting of Commissioners John Macdonald, Brenda Walker and Dan Nixon was convened to consider an Agreed Statement of Facts and Joint Submission on Disposition.
Dan McMahon appeared as counsel on behalf of CRUISE. Jennifer Friedman appeared as counsel for the Administration of the ORC.
Upon reviewing the proposed Agreed Statement of Facts and Joint Submission on Disposition, and hearing the submissions of counsel, the Panel accepted the Agreed Statement of Facts and Joint Submission on Disposition and confirmed the following:
CRUISE breached TB Rules 15.09.01 and 16.13(d);
TB Rule 9.01 is withdrawn;
CRUISE is suspended for a period of thirty (30) calendar days, commencing April 4, 2012 and concluding on May 4, 2012;
CRUISE may act as an exercise person during his suspension;
CRUISE is placed on probation for two years (May 4, 2012 to May 3, 2014 inclusive) with the following conditions:
i. The licensee shall keep the peace and be of good behaviour;
ii. The licensee shall not engage in dishonest, unfair, or unsportsmanlike behaviour or racing conduct that is contrary to the public interest;
iii. The licensee may be subject to a Notice of Proposed Order in addition to any penalty imposed by the ORC Stewards for any breach of the terms of his licence.
The transcript with the Panel’s Oral Decision, along with the Agreed Statement of Facts and Joint Submission on Disposition, is attached to this Ruling.
DATED at Toronto this 5^th^ day of April, 2012.
BY ORDER OF THE COMMISSION __________________________________
John L. Blakney
Executive Director
ONTARIO RACING COMMISSION
THOROUGHBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING BY GARRY CRUISE:
Held Before:
John Macdonald, Commissioner
Dan Nixon, Commissioner
Brenda Walker, Commissioner
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: GARRY CRUISE, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 4th day of April, 2012.
Appearances:
Jennifer Friedman,
for the Ontario Racing Commission Administration
Dan McMahon,
for the appellant Garry Cruise
Hearing continued ...
MS. FRIEDMAN: I understand that you have had an opportunity to review a proposed agreed statement of fact and joint submission on disposition?
MR. CHAIRMAN: Yes, we have. Thank you. This is a matter dealing under the Act and the agreed statement of facts would be introduced as Exhibit number 1 I assume?
MS. FRIEDMAN: Yes, please. I have a fully executed original version.
MR. CHAIRMAN: Thank you.
EXHIBIT NO. 1:agreed statement of facts and joint submission on disposition.
MR. CHAIRMAN: Exhibit number 1 is the agreed statement of facts in the matter of a request for a hearing of thoroughbred licensee Garry Cruise dealing with thoroughbred ruling 7237/11 which we assume, since we haven't seen that, that that number is accurate and is what we are ...
MR. MCMAHON: Yes, sir.
MS. FRIEDMAN: Would you like me to read this into the record or are you content to append it to the ruling?
MR. CHAIRMAN: I don't think we need to hear it unless it is very short or if there is anything specific. We note the rules and
the infractions and the question of unsatisfactory ride on horse THAT'S WHAT YOU THINK and the three different rule violations referred to in the agreed statement of fact is dropped one of them and it seems more the failing to persevere ruling. So I think we understand generally what it is. We haven't seen the video so we are not going to make any judgements on that and counsel have agreed to the statement so that's all we really want to hear about at this stage as to if you have any further comments on it. The penalty is laid out in the agreed statement of fact. Anything further on that counsel?
MR. MCMAHON: There is nothing to add other than one small issue that my friend and I have sorted out with the Administration and that is that in the event that he were to receive the 30 day suspension that we contemplate or are both jointly requesting that you consider that he would be eligible to take a mount when his suspension expires on opening day at Fort Erie where he regularly rides. So if the 30 day suspension were to be until May 4th he would be able to accept a mount, which is usually the case as I understand it, on May 3rd notwithstanding that he wouldn't be riding until May 6th. So essentially there would be the full 30 day period which is not riding but he would be accepting the opportunity to accept a mount to ride on opening day on May 6th.
MS. FRIEDMAN: If I can add, I've made some inquiries and I understand that he is permitted to do so because the
alternative would be as though the suspension is extended an additional two days because May 6th would be after he has completed his entire suspension.
MR. CHAIRMAN: Okay, thank you. I understand that is the practice and it could be in other jurisdictions the same thing where you have to commit to a mount weeks in advance. Anything further counsel?
MR. MCMAHON: No. Thank you, sir.
MS. FRIEDMAN: Thank you.
MR. CHAIRMAN: So we will order based on the agreed statement of facts of the 30 day suspension and the probation under the terms set out in the agreed statement of facts. That's the standard restrictions on the licensee as far as behaviour and not engaging in any other dishonest, unfair or unsportsmanlike and I gather this one was on the border of possibly unsportsmanlike if it is failure to persevere. Anything else we have?
MS. WALKER: No. So he is suspended until from April 4th to May 4th but he can ride on May 6th.
MR. CHAIRMAN: Yes.
MS. WALKER: That's basically what ‑‑
MR. CHAIRMAN: He can commit to ride after the suspension date is over.
MR. MCMAHON: That's right.
MR. NIXON: Just one question, what happened to his first suspension from August of last year? Was any time served?
MR. MCMAHON: Yes. That was done.
MS. WALKER: No, he wouldn't have been suspended.
MR. MCMAHON: I understand that that was a fine of which he has paid.
MS. WALKER: Yes because he wouldn't have served any time yet.
MR. MCMAHON: No. No, he wouldn't have served any time. That was a fine.
MS. WALKER: Yes.
MR. NIXON: Okay.
MR. CHAIRMAN: Thank you for your time.
MR. MCMAHON: Before leaving I just wanted to say something unrelated and that is that it is quite frankly very refreshing that the Administration and counsel were able to get together and agree on things. I have been appearing in front of this Commission for a number of years. This is the third time in thirty years and I think it is something to be encouraged and I hope that it continues.
MR. CHAIRMAN: Thank you.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths