RULING NUMBER COM TB 018/2013
COMMISSION HEARING TORONTO, ONTARIO – SEPTEMBER 19, 2013
NOTICE OF DECISION
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL OF MARILYN JOHNSTON
Marilyn Johnston appealed against Ruling Number TB 8155/13.
Date of Hearing: September 19, 2013
ORC Panel Members: Chair Rod Seiling
Representative for Appellant: Self- represented
Agent for the Administration: Gunnar Lindberg
The Panel denied the appeal.
A transcript with the Panel’s oral Reasons for Decision is attached to this Notice.
DATED at Toronto, Ontario, this day 23^rd^ day of September 2013.
______________________________
Steven Lehman
Executive Director
ONTARIO RACING COMMISSION
THOROUGHBRED HEARING
IN THE MATTER OF THE RACING COMMISSION ACT, 2000, S.O. C.20 AND THE RULES OF THOROUGHBRED RACING:
AND IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF MARILYN JOHNSTON:
Held Before:
Rod Seiling Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: MARILYN JOHNSTON, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 19th day of September, 2013.
Appearances:
Gunnar Lindberg,
agent for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: Bear with me. I will have a decision for you in a minute. The issue is did the appellant Marilyn Johnston violate Thoroughbred Rules 15.09.01, 16.05.(a), (b) and (c), 6.13(d) and 24.04 on June 18, 2013 at Fort Erie prior to the 5th race. After carefully listening to the testimony and reviewing the evidence and documents filed the panel denies the appeal. The standard of proof is on the balance of probabilities with the onus of proof on the Administration of the ORC. Based on the evidence it is reasonable to conclude the appellant Marilyn Johnston did violate the above mentioned rules. The testimony of Steward Grubb and Mr. Buckborrogh, on the balance of probabilities, is reasonable and supports as to Ms. Johnston's behaviour in and about the paddock on June 18, 2013 prior to the 5th race. The panel took into consideration the aggravating factors that Ms. Johnston admitted to the use of profanity and being upset. Thank you. This concludes the hearing.
CERTIFIED CORRECT:____________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths