Ontario Racing Commission
RULING NUMBER COM SB 002/2013
COMMISSION HEARING TORONTO, ONTARIO – JANUARY 16, 2013
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c. 20;
AND IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING STANDARDBRED LICENSEE MIKE LAMOUREUX
On November 24, 2012, the Judges issued Official Ruling SB 44959 to Mike Lamoureux (“LAMOUREUX”) wherein a $1,000 fine and a 15-day full suspension were imposed upon LAMOUREUX for violating Rules 3.09.01(f) and 6.46.01(b) & (c) of the Rules of Standardbred Racing and violating the probation order as per Official Ruling SB 42548.
On November 24, 2012, LAMOUREUX filled a Notice of Appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.
On January 16, 2012, a Panel of the Ontario Racing Commission (“ORC”), comprised of Commissioner John Macdonald, convened for the purpose of hearing this matter.
Brian Newton appeared on behalf of the Administration of the ORC. Kevin Skilton appeared on behalf of LAMOUREUX in the capacity of a “friend”.
Mr. Skilton indicated that LAMOUREUX wished to withdraw his appeal. The Panel accepted the withdrawal and revived the original penalty of a $1,000 fine and a 15-day full suspension less time served (January 17, 2013 through to January 29, 2013). The Panel awarded costs of $500 to the Administration of the ORC pursuant to Policy Directive No. 3-2010.
A transcript of the Panel’s Oral Reasons for Decision is attached to this Ruling.
Dated at Toronto, Ontario this 17th day of January 2013.
BY ORDER OF THE COMMISSION
Steven Lehman Executive Director
ONTARIO RACING COMMISSION STANDARDBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF MIKE LAMOUREUX
Held Before: John Macdonald, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: MIKE LAMOUREUX, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 16th day of January, 2013.
Appearances: Brian Newton, agent for the Ontario Racing Commission Administration Kevin Skilton, agent for the appellant Mike Lamoureux
Hearing continued ...
MR. NEWTON: So his suspension would be from January 17th to January 29th, 2013 inclusive so that would be thirteen days and he also has the $1,000.00 fine.
MR. CHAIRMAN: Now in addition to that with the costs thrown away I'm having some difficulty in knowing exactly what the amount should be. Mr. Lamoureux should be aware, Mr. Skilton, that two witnesses had appeared prepared to go for this matter. Obviously there has been material prepared by the Administration for this hearing and recovery of costs is a difficult matter knowing exactly what it is but I'm going to add another $500.00 in costs for this which does not really compensate the Administration for what it has but to let him know that it doesn't come without some costs associated to withdraw and I also feel it is important, Mr. Skilton, that the offence that related to the fine and the suspension is because he was on probation and there were drugs found during the investigations that were not properly marked, as I understand it, and items that should have been disposed of or thrown away or however it should have been handled some time ago and it was in unlocked areas. I gather it was a toolbox container where the unlabelled products were found, something we try to eliminate. Thank you, gentlemen. Any questions?
MR. NEWTON: No further questions.
CERTIFIED CORRECT__________________________________
RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths