ORC Rules On Waxman, McNair And Five Other Appeals
In addition to its ruling on the appeal of Jeffrey Snyder, on Wednesday, January 5 the Ontario Racing Commission also released its rulings on drivers Isaac Waxman, Doug McNair and four other licensees
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Waxman appealed Ruling SB 41589, dated December 5, 2010, wherein following an altercation with another licensee after the fourth race at Flamboro Downs on November 25, 2010, and pursuant to Rule 25.02.02 (iii) and (iv) of the Rules of Standardbred Racing, Waxman’s licence to drive was downgraded to a 'C,' with zero points, and with the following conditions:
- Was placed on probation for 2 years (December 6, 2010 – December 5, 2012);
- He shall keep the peace and be of good behaviour; and
- He must complete an anger management course and provide proof of such by June 30, 2011.
On December 22, 2010, a panel of the ORC consisting of chair Rod Seiling, commissioner David Gorman, and commissioner Brenda Walker convened to hear the appeal.
Angela Holland appeared as counsel for the administration, Robert Burgess, Q.C., appeared as counsel for Waxman and Waxman attended in person.
Upon hearing testimony of senior judge Mike Brown, Scott Zeron, and Aaron Waxman, upon reviewing the exhibits filed and upon hearing the submissions of counsel for the administration and of counsel for Waxman, the panel denied the appeal.
The transcript with the panel’s oral decision can be read here.
McNair appealed Ruling SB 42437, dated August 28, 2010, wherein he was suspended for five days (September 1, 2, 3, 4 and 5, 2010), and fined $500, for failing to a keep a line in each hand for the entire race while driving Aracache Hanover in Race 12 at Flamboro Downs on August 15, 2010, in violation of 22.23.04 of the Rules of Standardbred Racing.
On December 3, 2010, a panel of the ORC consisting of commissioner Brenda Walker as chair, was convened to hear the appeal.
Angela Holland appeared as counsel for the administration, Robert Burgess appeared as counsel for McNair, and McNair attended the hearing in person.
Upon hearing the testimony of senior judge William Maertens, senior judge Rick Rier, and McNair, upon reviewing the exhibits filed and upon hearing the submissions of counsel for the administration and counsel for McNair, the panel allowed the appeal.
A transcript of the panel’s oral decision can be read here.
On August 28, 2010, the judges issued Standardbred Official Ruling SB41493 wherein Gerry Belanger was given the penalty of a three-day driving suspension, (September 10, 11, 12, 2010), for bearing down in the first turn causing interference to other horses in Race 4 on August 14, 2010, at Sudbury Downs, in violation of Rule 22.05.01(a) of the Rules of Standardbred Racing.
On September 4, 2010, Belanger filed a notice of appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.
On December 4, 2010, a panel of the ORC, comprised of commissioner Brenda Walker as chair, convened for the purpose of hearing this matter.
Rick Rier appeared on behalf of the administration of the ORC. Belanger participated via phone for the hearing to request an adjournment due to weather, and the fact that a witness was unable to attend due to being out of the province.
The panel granted the request for the hearing to be adjourned until January 12, 2010.
The transcript of the panel’s reasons for decision can be read here.
On November 2, 1010, the horse Windsun Galaxie, which finished second, was placed sixth by the judges for failing to continuously lose ground while off stride during the stretch drive in the sixth race at Kawartha Downs on November 2, 2010, in violation of SB Rule 22.27(c).
On November 2, 2010, trainer Chad Milner filed a notice of appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.
On December 3, 2010, a panel of the ORC, comprised of commissioner Brenda Walker as chair, convened for the purpose of hearing this matter.
Rick Rier appeared on behalf of the administration of the ORC. Owner Harley Harkness attended the hearing and requested an adjournment as they have obtained legal counsel who was unavailable for today.
The panel granted the adjournment and, the hearing is now scheduled for January 12, 2010.
The transcript of the panel’s reasons for decision can be read here.
Andy Moore appealed Ruling SB 41559, dated July 3, 2010, wherein he was suspended for five days (August 3, 4, 5, 6 and 7, 2010), for changing course while driving DM Fatboy Slim during the stretch drive of the eighth race at Hiawatha Horse Park on July 24, 2010, in violation of 22.05.01(a) the Rules of Standardbred Racing.
On December 3, 2010, a panel of the ORC consisting of commissioner Brenda Walker as chair, was convened to hear the appeal.
Rick Rier appeared on behalf of the administration and Moore attended the hearing in person and was self-represented.
Upon hearing the testimony of judge Dave Stewart, and Mark Williams, upon reviewing the exhibits filed and upon hearing the submissions of Rick Rier and Moore, the panel allowed the appeal.
The order of finished was revised as follows:
- ALLAMERICAN ZORO;
- DM FATBOY SLIM;
- FITFORALIFETIME L;
- ROCK PAPER SCISSOR L; and
- BO GRAYSON L.
A transcript of the panel’s oral decision can be read here.
On May 30, 2010, the judges issued Standardbred Official Ruling SB42350 wherein Dan Megens was given the penalty of a three-day driving suspension (June 4, 5 and 6, 2010) for bearing down in the first turn while driving Camythical, forcing the driver of Philan Charlie to pass on the inside of two consecutive pylons in Race 11 at Flamboro Downs on May 26, 2010, in violation of Rule 22.05.01(a) of the Rules of Standardbred Racing. Camythical finished first and was placed fourth.
On May 30, 2010, Megens filed a notice of appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.
On December 3, 2010, a panel of the ORC, comprised of commissioner Brenda Walker as chair, convened for the purpose of hearing the matter.
Rick Rier appeared on behalf of the administration of the ORC. Megens attended the hearing and was unrepresented.
After reviewing the evidence, hearing the testimony of judge Dave Stewart and upon considering the closing submissions, the panel denied the appeal and upheld the original decision of the judges of the three-day driving suspension and the placing of the horse from first to fourth.
Megens will serve his three-day suspension on December 7, 8 and 9, 2010.
The transcript of the panel’s reasons for decision can be read here.
On October 25, 2010, the executive director issued Standardbred Official Ruling SB182/2010 wherein Dan Megens was given the penalty of a $1,000 fine, and a three-day full suspension for failure to attend the interview at the ORC scheduled for August 9, 2010, as specified in SB138/2010 which was issued on August 5, 2010.
On November 5, 2010, Megens filed a notice of appeal, pursuant to Rule 24.01(b) of the Rules of Standardbred Racing.
On December 3, 2010, a panel of the ORC comprised of commissioner Brenda Walker as chair, convened for the purpose of hearing the matter.
Rick Rier appeared on behalf of the administration of the ORC. Megens attended the hearing and was unrepresented.
After reviewing the evidence, hearing the testimony of investigator Troy Moffatt and upon considering the closing submissions, the panel denied the appeal but varied the penalty as follows:
- Megens is hereby fined the sum of $500.
A transcript of the panel’s oral decision can be read here.
Appeal process is way to
Appeal process is way to slow and the older drivers and trainer,like me,should know better.Lots of great young ones out there who have the old school mentality of respect and great morals.Give them a chance.
It is absolutely ludicrous
It is absolutely ludicrous that these types of rulings take so long to sort out. They say that justice delayed is justice denied. The ORC needs to get its act together and quickly and efficiently deal with these issues. The appeal process is too slow and is used by many to delay suspensions until better times for them. Some of these offences happened over 4 months ago (one over 6). Let's try for some efficiency and immediate and appropriate punishment and a process that makes the appeal process open only for those that have legitimate reasons.