Ontario
Racing
Commission
RULING NUMBER COM SB 024/2012
COMMISSION HEARING TORONTO, ONTARIO – MAY 29, 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 MARC ST. LOUIS
On March 18/12, the Judges issued Standardbred Official Ruling SB43649 wherein Marc St. Louis (“St. Louis”) was given the penalty of a 5-day driving suspension and $300 fine for violation of ORC Rules 22.23.01 (a), 22.23.05 (a) and (b). St. Louis did use his whip in an indiscriminate manner in race 3 on March 14, 2012, at Windsor Raceway.
On March 18, 2012, St. Louis filed a Notice of Appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.
On May 29, 2012, a Panel of the Ontario Racing Commission (“ORC”), comprised of Chair Rod Seiling, convened for the purpose of hearing this matter.
Tom Miller appeared on behalf of the Administration of the ORC. St. Louis attended the Hearing and was unrepresented.
After reviewing the evidence, hearing the testimony of Judge Paul Harrison, and upon considering the closing submissions, the Panel denied the appeal. St. Louis will pay the $300 fine and serve his 5-day driving suspension from June 3 – June 7, 2012 inclusive.
The transcript with the Panel’s Oral Decision is attached to this Ruling.
DATED this 4th day of June 2012.
BY ORDER OF THE COMMISSION __________________________________
John L. Blakney
Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER THE APPEAL AND REQUEST FOR HEARING OF
MARC ST. LOUIS
Held Before:
Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: MARC ST. LOUIS, 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 May, 2012.
Appearances:
Tom Miller,
agent for the Ontario Racing Commission Administration
MR. CHAIRMAN: All rise. Please be seated. The issue today before me is did the appellant Marc St. Louis violate Rule 22.23.01(a) on March 14th, 2012 at Windsor Raceway. After carefully listening to the testimony and reviewing the evidence and documents filed the panel denies the appeal. Based on the evidence it is reasonable to conclude that the appellant Marc St. Louis did violate Rule 22.23.01(a). The testimony of Judge Harrison supported by the race video supports the rule violation. Based on ORC penalty guidelines the penalty assessed by the Judges is not varied and remains at 5 days and $300.00. Thank you.
MR. MILLER: All rise please.
CERTIFIED CORRECT__________________________________
RAYMOND P. MACDONALD, B.A., CAR
Commissioner of Oaths