RULING NUMBER COM SB 034/2012
COMMISSION HEARING TORONTO, ONTARIO – AUGUST 28, 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
STANDARDBRED LICENSEE AARON BYRON
On July 4, 2012, the Judges issued Official Ruling SB 44931 wherein Aaron Byron (“BYRON”) was given a ten-day driving suspension for bearing in and causing an accident while driving the horse “K Aos Agent” during the running of the first race at Flamboro Downs on July 1, 2012. “K Aos Agent” finished in fourth position and was disqualified for causing an accident.
On July 12, 2012, BYRON filled a Notice of Appeal, pursuant to Rule 24.01 (b) of the Rules of Standardbred Racing.
On August 28, 2012, a Panel of the Ontario Racing Commission (“ORC”), comprised of Chair Rod Seiling, convened for the purpose of hearing this matter.
Brian Newton appeared on behalf of the Administration for the ORC. BYRON attended the hearing in person and was represented by Mike Sinclair.
Upon reviewing the evidence, and hearing the testimony of Senior Judge Chuck Fraleigh and driver J Brandon Campbell and reviewing the exhibits filed, BYRON requested an adjournment to obtain further exhibits. The Panel granted a continuance of the hearing to be rescheduled for September 13, 2012.
A transcript of the Panel’s Oral Reasons for Decision is attached to this Ruling.
Dated at Toronto, Ontario this 11th day of September 2012.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF AARON BYRON
Held Before:
Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: AARON BYRON, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 28th day of August, 2012.
Appearances:
Brian Newton,
agent for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: Now as to a date. I think what we will do is I will have Ms. Wright set a date and I will talk to her. I don't know, I'm somewhat reluctant to wait until the next set of B hearings a month from now. I don't think that serves anybody well and I'm hoping that we can find another hearing where the court reporter is here and we tack this back on if that works. So I will leave it with Ms. Wright to contact and find a date that suits but it makes no sense to bring everybody back for what might be twenty minutes or half an hour most and then I don't want to wait until a month from now, although, that might end up being what happens. So we will leave it at that. We will adjourn for a date to be determined. Thank you.
CERTIFIED CORRECT_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths