RULING NUMBER COM SB 018/2014
COMMISSION HEARING TORONTO, ONTARIO – JUNE 23, 2014
NOTICE OF DECISION
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL OF DAVID EDWARDS
David Edwards, Licence No. V15833, applied for reinstatement of his licence which was suspended by Ruling Number SB 77/2012 dated June 29, 2012, for violation of a Post Violation Agreement (“PVA”).
Date of Hearing: June 23, 2014
ORC Panel Members: Commissioner John W. Macdonald
Representative for Appellant: Self-represented
Counsel for the Administration: Jennifer Friedman
The Panel denied the Application.
A transcript with the Panel’s oral Reasons for Decision is attached to this Notice.
DATED at Toronto this 16th day of July 2014.
______________________________
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 STANDARDBRED RACING:
AND IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF DAVID EDWARDS:
Held Before:
John Macdonald Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: DAVID EDWARDS, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 23rd day of June, 2014.
Appearances:
Jennifer Friedman,
for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: Mr. Edwards, everybody is entitled to their day here but as I indicated earlier I think you are premature. You have to come in with the negative test and as counsel just pointed out the outstanding agreement.
MR. EDWARDS: Yes, I totally wasted my time this past weekend. It kind of took the wind out of my sails.
MR. CHAIRMAN: I appreciate your difficulty but you are going to have to, my suggestion is, you are going to need a little more medical evidence and as counsel indicated if a swab is going to be of any help then we need some authority. In my opinion, even counsel and their understanding if you take that test it will take a day or two to test that. That's going to eliminate what you want to do to be able to drive or train at that time. So we have to start off with the basics. We have one note from a doctor, your physical condition requiring the use of marijuana and you feel it is necessary but we need something more than just that to start with but that still doesn't get around the hurdle if there is some in your system. Our concern is the safety of not just you but also everyone else who is in the industry that would be around you at the time. Do you have anything further to add?
MR. EDWARDS: Just it doesn't affect my judgment at all. I've smoked enough for long enough that it doesn't. I don't get high off it. I may be able to eat after but that's about the extent of my use. The middle of the afternoon when I haven't had breakfast or lunch yet I will have some and I'll start eating.
MR. CHAIRMAN: That's your position but we need something a little more from a medical practitioner to tell us your physical and mental capacity at the time.
MR. EDWARDS: Is there a way we can do a test?
MR. CHAIRMAN: That doesn't stop you from coming back again but you know what the rules are.
MR. EDWARDS: I thought I should come see you and hear everything and see where we are at with things and what else would be required.
MR. CHAIRMAN: Thank you. I'm going to deny your appeal, Mr. Edwards. As I said, you have the right to re-apply but you know what your certain conditions in that post violation agreement that you signed indicates one of them that you have from time to time to give us a negative report and how you achieve that is something that you have to work out. Thank you.
MS. FRIEDMAN: As a request in the interim the Administration requests an order that the outstanding fines be paid within 30 days. Not fines, rather the outstanding monies owing that were advanced on behalf of Mr. Edwards.
MR. CHAIRMAN: And what do we have now? I know in the factum the amount is shown.
MS. FRIEDMAN: $665.82 and these relate to invoices.
MR. CHAIRMAN: Then I am lost, counsel. Isn't there already an order for that to be paid?
MS. FRIEDMAN: No, there isn't.
MR. CHAIRMAN: Now it is so ordered. That's one of the conditions obviously that prior to any application for renewal of a licence and it is due now. That's money that was out of pocket from the Administration.
MS. FRIEDMAN: Thank you.
CERTIFIED CORRECT:______________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths