IN THE MATTER OF THE RACING COMMISSION ACT [S.O. 2000, c.20](https://www.canlii.org/en/on/laws/stat/so-2000-c-20/latest/so-2000-c-20.html);
AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING BY
STANDARDBRED LICENSEE NICK STEWARD
On February 10, 2012, standardbred licensee Nick Steward, ("STEWARD") (Licence #Y26743), appealed Judges' Ruling SB 44812, dated February 8, 2012, wherein he was given a fine of $300 and a 5-day driving suspension for violation of Rules 22.23.01 (b) and 22.23.03 (b) of the Rules of Standardbred Racing while driving the horse King For A Queen in the 4th race at Western Fair Raceway on February 6, 2012.
On April 10, 2012, a Panel of the Ontario Racing Commission ("ORC") consisting of Chair Rod Seiling, was convened to hear the appeal.
Rick Rier appeared as agent for the Administration. STEWARD attended the hearing in person and was represented by Brian Tropea as a friend.
Upon hearing the testimony of Judge Jeff Minler and STEWARD and upon reviewing the exhibits filed, the Panel dismissed the appeal.
A transcript of the Panel's Oral Decision is attached to this Ruling.
Dated at Toronto, Ontario this 19th day of April 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 NICK STEWARD
Held Before:
Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: NICK STEWARD, 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:
Rick Rier,
agent for the Ontario Racing Commission Administration
Brian Tropea, agent for the Appellant Steward
Hearing continued ...
MR. CHAIRMAN: All rise. Please be seated. The issue in this matter is did the appellant Nick Steward violate Rules SB 22.23.01(b) and SB 22.23.03(b) on February 6th at Western Fair. After carefully listening to the testimony and reviewing the evidence and documents filed the panel denies the appeal. The standard of proof is on a balance of probabilities with the onus of proof on the Administration. Based on the evidence it is reasonable to conclude that the appellant Nick Steward violated Rules SB 22.23.01(b) and 22.23.03(b). The video of the race clearly indisputably shows the appellant strike the horse about nine times during the stretch run. The video also shows his arm pass at a 90 degree during that same stretch run. The testimony of Judge Minler on a balance of probabilities is preferable and reasonably supports the video related to the rule violations.
Based on ORC directive 2/2009 the penalty remains the same at five days and a fine of $300.00. The panel took into account the aggravating factor that the rule violation was more egregious given his warning by the Judges on June 16th some three weeks previous. This ends the hearing. Any questions?
MR. RIER: Thank you.
MR. TROPEA: Thank you.
CERTIFIED CORRECT _________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths