Notice of Decision
RULING NUMBER: COM SB 045/2013
COMMISSION HEARING: TORONTO, ONTARIO – OCTOBER 17, 2013
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL OF JASON RYAN
Jason Ryan (Ryan) appealed against Ruling Number SB 44420.
Date of Hearing: October 17, 2013
ORC Panel Member: Commissioner John W. Macdonald
Representative for the Appellant: Self represented
Agent for the Administration: Neil McCoag
The Panel denied the appeal. Ryan will serve his ten-day driving suspension from October 23, 2013 to November 1, 2013, inclusive.
A transcript with the Panel’s oral Reasons for Decision is attached to this Notice.
DATED at Toronto, Ontario, this 23rd day of October 2013.
Steven Lehman
Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED 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 JASON RYAN:
Held Before:
John Macdonald Commissioner
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: JASON RYAN, 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 October, 2013.
Appearances:
Neil McCoag,
agent for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: It's always a little more difficult when you don't have the video but after carefully listening to the evidence it is fairly clear that Mr. Ryan violated the rules. He impeded the progress of another horse going up the back. There was an indication by Mr. Byron that his horse was tiring but that happens on a regular basis and he didn't bring his feet in or anything, he was just slowing down. So it is incumbent then upon Mr. Ryan, if he sees that's happening, to pull out and go around or hold your horse back and control it and it would appear from the evidence that yes, he did impede the progress, he did go up the back of Mr. Byron's horse and therefore he was in violation of Rule 22.05.01 and the other rule. That was (b) and the other one (h) strike or hook wheels. That wasn't quite as clear but there was a violation of the rules. We don't like to see any drivers getting hurt at any time and Mr. Brown had indicated that the penalty may not have been severe enough but that was the Judges' decision at the time and the standard seems to be ten days. The injury is serious. I feel very badly for Mr. Byron, the length of time that he is off. That should not be a factor but the main factor was that there was an injury and so I find that the ten day suspension is reasonable in the circumstances. Thank you gentlemen.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths