RULING NUMBER COM TB 002/2012
COMMISSION HEARING TORONTO, ONTARIO – APRIL 10, 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 THOROUGHBRED LICENSEE TODD KABEL
Todd Kabel (“KABEL”) was licensed by the Ontario Racing Commission (“ORC”) as a Jockey (Licence Number 111564).
On April 23, 2009, the Deputy Director of the ORC issued Ruling Number TB ADMIN 6/2009 to KABEL wherein he was fined $500 and suspended for 15 days (April 23 to May 7, 2009 inclusive) in accordance with Rule 38.08(c) (i) of the Rules of Thoroughbred Racing (“TB Rules”). Pursuant to Rule 38.08(f) of TB Rules, KABEL was also required to meet conditions prior to licence reinstatement.
On June 10, 2009, Kabel entered into a Post-Violation Agreement with the ORC for a period of one year.
On March 15, 2012, KABEL submitted an Application for Thoroughbred Licence as a Jockey.
On March 26, 2012, the Deputy Director of the ORC issued Ruling Number TB ADMIN 12/2012 to KABEL wherein he was referred to a Panel of the ORC for failure to adhere to the conditions of his Post-Violation Agreement in accordance with Rule 38.08(g) of TB Rules.
On March 26, 2012, KABEL submitted an Application for Reinstatement Hearing and a Notice of Appeal.
On March 26, 2012, a Notice of Hearing was issued to notify the parties that a Panel of the ORC would be convening to consider the Application for Reinstatement on April 10, 2012.
On April 10, 2012, a Panel of the ORC, comprised of Chair Rod Seiling, was convened to hear this matter.
Dan McMahon appeared as counsel on behalf of KABEL. Jennifer Friedman appeared as counsel for the Administration of the ORC.
Upon hearing the testimony of Donald B. Slessor and considering the submissions of counsel, the Commission ordered the reinstatement of KABEL subject to the recommendations of the Administration of the ORC as follows:
a) KABEL shall complete the remaining seven (7) months of his Post-Violation Agreement as well as an additional twelve (12) months, with the result that a Post-Violation Agreement for a period of nineteen (19) months be entered into between KABEL and the ORC;
b) KABEL shall provide to the Administration of the ORC all documentation regarding the treatment he received while away within ten (10) days of the Hearing;
c) KABEL shall provide evidence to the Administration of the ORC of his involvement in an aftercare program.
The transcript with the Panel’s Oral Decision is attached to this Ruling.
DATED at Toronto this 11th 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 OF TODD KABEL
Held Before: Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: TODD KABEL, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 10th day of April, 2012.
Appearances: Jennifer Friedman, for the Ontario Racing Commission Administration Dan McMahon, for the Appellant Kabel
Hearing continued ...
MR. CHAIRMAN: All rise. Please be seated. The issue before us today is should the appellant be subject to the recommendations for reinstatement as put forward by the ORC in Exhibit 2 at page 5. After carefully listening to the testimony and reviewing the evidence and documents filed the panel accepts the recommendations for reinstatement as put forward by the ORC, that his post violation agreement be for a period of 19 months and that he provide the ORC all documents re treatment while away, within ten days, and that he provide evidence of his continued involvement in an after care program.
Based on the testimony of Mr. Slessor it is reasonable to conclude that it is in the best interests of the appellant that he be subject to proper checks and supervision. The post violation agreement extension, in addition to being the standard recommendation and order in such cases of reinstatement, serves as that check and supervision. Mr. McMahon agreed that Mr. Kabel violated his post violation agreement. There needs to be a penalty for that violation and a self imposed vacation from racing for whatever reason does not suffice. He was to stay in touch. How easy would it have been for him to inform Ms. Bray of his whereabouts. The imposition of the extended period is to help Mr. Kabel. It serves as an added reminder through deterrence that he is being granted a privilege. It is incumbent upon the ORC to protect both riders and horses. These are key mandates of the ORC. This agreement helps fulfil that requirement. Thank you.
MR. MCMAHON: Mr. Chairman, can I just address one thing by way of clarification because I don't want to have any problems.
MR. CHAIRMAN: Sure.
MR. MCMAHON: As I understand it, subject to correction, the only documentation or I don't know if there is any written documentation with respect to that matter. The only thing that there would be as I understand it, such as to the discussions I have had, would be what Mr. Slessor had related that Mr. Kabel had remained in contact with him during that period of time. So I wouldn't want to leave here without indicating that that --
MR. CHAIRMAN: I'm sure that Ms. Bray and Mr. Slessor can work something out. I saw or heard no concern expressed by the Administration about Mr. Slessor's bona fides or his involvement with Mr. Kabel and he did testify that he has had ongoing contact so whether he has records or whether he can provide something, a memo, I'm sure there is something that Mr. Slessor can provide Ms. Bray and I see him nodding affirmatively that could suffice to fulfil that requirement. I don't think it is onerous.
MR. MCMAHON: Okay. May I inquire if based on what you have just said, sir, subject to the submissions of the Administration that merely what he has indicated would be sufficient for their purposes because there is not going to be anything more than that other than what he has in writing.
MR. CHAIRMAN: Well, as I was just verbalizing and if we need to get the documentation from the court reporter, I saw Mr. Slessor nod affirmatively so I'm confident that he can provide something to Ms. Bray that will suffice. Mr. Kabel, good luck. I don't want to see you here again.
MR. KABEL: Thank you.
MS. FRIEDMAN: Thank you.
MR. KABEL: Does that mean I can get licensed tomorrow, sir?
MR. CHAIRMAN: You are reinstated as of fulfilling the requirements and you have got some time is my understanding. As again earlier, we need to get a ruling out and we will get that out as quickly as possible.
CERTIFIED CORRECT________________________________
RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths