RULING NUMBER COM SB 032/2013
COMMISSION HEARING TORONTO, ONTARIO – JULY 4, 2013
NOTICE OF DECISION
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE JOHN BAX APPEAL
John Bax appealed against Ruling Number SB 45559.
Date of Hearing: July 4, 2013
ORC Panel Members: Chair Rod Seiling
Representative for Appellant: Self represented
Counsel for the Administration: Jennifer Friedman
The Panel accepted the Agreed Statement of Facts and Joint Submission on Disposition.
A transcript with the Panel’s oral Reasons for Decision is attached to this Notice.
DATED at Toronto this 8^th^ day of July 2013.
______________________________
Robert McKinney
Acting Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF THE RACING COMMISSION ACT, 2000, S.O. C.20 AND THE RULES OF STANDARDBRED RACING:
AND IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF JOHN BAX:
Held Before:
Rod Seiling Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: JOHN BAX, 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 July, 2013.
Appearances:
Jennifer Friedman, for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: I don't think there is anything here that you are going to object to, quite frankly but in fairness, you have to hear it and we have to read it into the record.
MR. BAX: Yes, that's fine.
MS. FRIEDMAN: 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 John Bax,
Agreed Statement of Facts.
John G. Bax ("BAX") is licensed with the Ontario Racing Commission ("ORC") as a Driver/Trainer/Owner (Licence #EO2864)
On April 25, 2013 the horse, Bop Too The Top (tattoo #1HN84) participated in the second race at Woodbine and finished 1st.
At all material times BAX was the trainer for Bop Too The Top.
Following the race the Judges selected Bop Too The Top to provide a sample for testing.
On May 2, 2013 Maxxam issued a certificate of positive analysis of an official sample for Bop Too The Top for isoxsuprine.
On May 6th, 2013 the Judges held a hearing with BAX.
On May 9, 2013 the Judges issued Standardbred Official Ruling No. SB 45559 to BAX wherein a ten day full suspension and a $2,500 fine were imposed for violating Rules 9.09(b), 26.02.01, 26.02.02 and 26.02.03(c) of the Rules of Standardbred Racing ("SB Rules") as a consequence of the positive. Pursuant to Rule 18.08.01 for SB Rules the purse money and driver/trainer fees were ordered to be returned and redistributed.
On May 10, 2013 BAX filed a notice of appeal and requested a stay.
On May 13, 2013 the Deputy Director issued ruling number SB 52/2013 wherein BAX received a stay of his penalty pending the disposition of his appeal.
On June 24, 2013 a notice of hearing was issued to inform the parties that a panel of the ORC would be convening on July 24, 2013 for the purposes of hearing BAX's appeal.
Joint Submission on Disposition
BAX is suspended for a period of seven days.
The suspension days shall be served from July 6 through July 13, 2013 inclusive.
BAX shall pay a fine in the amount of $2,500.
MR. BAX: July 6th? I thought it was July 7th is a Sunday. July 6th is a Saturday, is it not?
MR. CHAIRMAN: He's right. Today is the 4th.
MS. FRIEDMAN: Okay, I have it on the page that it is July 6 so okay. I can change that to July 7 through July 14, 2013 inclusive. BAX shall pay a fine in the amount of $2,500 which is payable prior to returning to racing on July 15.
MR. BAX: Excuse me, seven days. If you count seven it is 7 through 13 I think is it not?
MR. CHAIRMAN: He's right, it's 13.
MR. BAX: So I would be able to enter on July 14.
MR. CHAIRMAN: You're right.
MR. BAX: Thank you.
MS. FRIEDMAN: Okay, so I will just start again.
The suspension days shall be served from July 7 through July 13, 2013 inclusive.
BAX shall pay a fine in the amount of $2,500 which is payable prior to returning to racing on July 14, 2013.
Subject to the foregoing BAX shall withdraw his appeal of Standardbred Official Ruling SB 45559 in accordance with policy directive No. 3-2010.
Mr.Bax, just so you understand, policy directive number 3-2010 is the directive on withdrawing an appeal before the Commission.
MR. BAX: Okay.
MR. CHAIRMAN: So, Mr. Bax, is there anything - with those amendments is there any objectionable within either the agreed statement of facts or the joint submission on disposition?
MR. BAX: No, I think I'm clear on the days and the amount of fine.
MR. CHAIRMAN: Okay, so then I am going to enter it as Exhibit 2 under agreed facts and joint submission.
MR. BAX: Okay.
MR. CHAIRMAN: I'm just writing here. So based on that agreement and it is now entered in as an exhibit I'm prepared to accept the joint submission and give it affect and force. I guess the only question I have is I'm going to of course make it conditional on receipt of your withdrawal of your appeal SB 45559. So if you can get something - it's conditional, right? It says here subject to the foregoing BAX shall withdraw his appeal of Standardbred Ruling so he has got ‑‑
MS. FRIEDMAN: I'm satisfied the paragraph 4 works to withdraw.
MR. CHAIRMAN: You are satisfied that is in itself a withdrawal?
MS. FRIEDMAN: Because assuming that you as a panel agree to the proposal then he has effectively withdrawn.
MR. CHAIRMAN: Mr. Bax, forget what I said then. Ms. Friedman says she believes that paragraph 4 as it is now worded suffices and that it is in fact withdrawing your appeal.
MR. BAX: Thank you.
MR. CHAIRMAN: So unless there is anything else we can conclude this hearing.
MS. FRIEDMAN: Thank you.
MR. BAX: Thank you.
MR. CHAIRMAN: Thank you. Have a good day.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths