David Ward, 2015 CanLII 68589

COMMISSION HEARING TORONTO, ONTARIO – OCTOER 21, 2015

IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;

AND IN THE MATTER OF THE HEARING OF DAVID WARD

On September 11, 2015 David Ward (“Ward”) was issued Ruling Number QH ADMIN 5/2015 wherein his licence was immediately suspended.

Date of Hearing: October 21, 2015

ORC Panel: Anthony Williams, Vice Chair

Representative for the Appellant: Bob Broadstock, President Quarter Racing Owners of Ontario

Counsel for the Administration: Brendan Van Niejenhuis & Carlo Di Carlo,

Decision:

In the matter of David Ward licensee with the Ontario Racing Commission as an owner and trainer licence number 115941 the Panel accepts the proposed restorative justice agreement presented by the Administration in the presence of Mr. David Ward and in the presence of his representative Bob Broadstock.

The restorative justice ruling will be as follows:

It is anticipated that Ward would authorize the Deputy Director to communicate about his violation and violation history with potentially affected members of the industry for the purpose of gathering insight into the impact of Ward’s conduct on other participants.
Together with Ward those participants willing to participate in the restorative justice project will provide their input on appropriate consequences for his current positive test to the Deputy Director in an open process allowing for direct communication by all participants.
The Deputy Director would propose a penalty or other remedies to the participants and seek consensus from all parties. The Commission would delegate to the Deputy Director the authority to make a ruling in that regard under Rule 38.08 (c) (ii) of the Rules of Thoroughbred Racing and to create specific conditions for a further PVA or post violation agreement as may be required.
The Deputy Director would be required to notify the Commission through the Chair of the presiding panel of the outcome of the restorative justice approach. If the Commission believes that the outcome is not in accordance with the public interest the Commission would reserve the power to require Ward to appear before it and impose a different penalty after hearing submissions from the Administration and from Ward.
Ward would agree that no liability or claim would be asserted against any participant for their participation in the restorative justice process.
Ward is required to meet with a substance abuse professional as soon as practicable following this hearing. That’s a strange phrase that is found in the Criminal Code of Canada. It is sometimes described as forthwith or in a speedy fashion. It has a mushy meaning.
Ward will be required to pay a fine of $1,000.00 prior to the reinstatement of his licence in consequence of his breach of the post violation agreement he previously entered into, and
The anticipated reinstatement of the licence of David Ward will not occur at least until a restorative justice meeting has been held. …

So that will be the proposed order.

A transcript with the Panel’s oral Reasons for Decision is attached to this Notice

DATED at Toronto this 22nd day of October 2015.

Jean Major

Executive Director

ONTARIO RACING COMMISSION

QUARTERHORSE 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 DAVID WARD:

Held Before:

Anthony Williams Chairman

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: DAVID WARD, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 21st day of October, 2015.

Appearances:

Brendan Van Niejenhuis & Carlo Di Carlo, for the Ontario Racing Commission Administration

Bob Broadstock for the Appellant

Hearing continued ...

MR. CHAIRMAN: Thank you. Please be seated. So the ruling would be as follows. In the matter of David Ward licensee with the Ontario Racing Commission as an owner and trainer licence number 115941 I accept the proposed restorative justice agreement presented by the Administration in the presence of Mr. David Ward and in the presence of his representative Bob Broadstock. The restorative justice ruling will be as follows: Number one, and this is not disrespect, I am going to use your last name in view of the fact that it is injected into the document in this fashion, 1) it is anticipated that Ward would authorize the Deputy Director to communicate about his violation and violation history with potentially affected members of the industry for the purpose of gathering insight into the impact of Ward’s conduct on other participants. 2) together with Ward those participants willing to participate in the restorative justice project will provide their input on appropriate consequences for his current positive test to the Deputy Director in an open process allowing for direct communication by all participants. 3) the Deputy Director would propose a penalty or other remedies to the participants and seek consensus from all parties. The Commission would delegate to the Deputy Director the authority to make a ruling in that regard under Rule 38.08 (c)(ii) of the Rules of Thoroughbred Racing and to create specific conditions for a further PVA or post violation agreement as may be required. 4) the Deputy Director would be required to notify the Commission through the Chair of the presiding panel of the outcome of the restorative justice approach. If the Commission believes that the outcome is not in accordance with the public interest the Commission would reserve the power to require Ward to appear before it and impose a different penalty after hearing submissions from the Administration and from Ward. 5) Ward would agree that no liability or claim would be asserted against any participant for their participation in the restorative justice process. 6) Ward is required to meet with a substance abuse professional as soon as practicable following this hearing. That’s a strange phrase that is found in the Criminal Code of Canada. It is sometimes described as forthwith or in a speedy fashion. It has a mushy meaning. 7) Ward will be required to pay a fine of $1,000.00 prior to the reinstatement of his licence in consequence of his breach of the post violation agreement he previously entered into and 8) the anticipated reinstatement of the licence of David Ward will not occur at least until a restorative justice meeting has been held. I respect the concern that has been raised about the cost in relation to the substance abuse professional. In view of all of the circumstances and in view of the history it does not appear appropriate to give a further shrinkage of the consequences for the gentleman from my perspective. So that will be the proposed order. The history that was referred to in a clear form by Mr. Van Niejenhuis includes a 13 August, 2013 positive test for marijuana in relation to saliva random test following a previous post violation agreement. On the 26th of November, 2013 there was a follow up test in relation to the hearing which ultimately resulted in a positive for marijuana and on 8 September, 2015 a further follow up in relation to urine resulted in a positive test in relation to marijuana. I realize there is approximately 22 months of clean testing and that’s a positive sign for the future. This particular approach by the Commission doesn’t seek to change a life style that a person may be engaged in or seek to deal with matters on moral grounds but only in relation to certain persons within the racing industry who have safety sensitive positions and they are absolute prohibitions in relation to alcohol and drug levels for alcohol and for drugs that must be complied with. Are there any further components, gentlemen?

MR. VAN NIEJENHUIS: Not from my perspective, Mr. Chair. I will coordinate with the Deputy Director once we have a formal ruling in place.

MR. CHAIRMAN: Excellent.

MR. BROADSTOCK: And none from this side.

MR. CHAIRMAN: Okay. Thanks very much and best wishes.

MR. WARD: Thank you very much, sir.

MR. CHAIRMAN: Any further matters?

MR. VAN NIEJENHUIS: Nothing further for today, Mr. Chair.

MR. CHAIRMAN: Thank you.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths