On Tuesday, May 31, the Ontario Racing Commission released its ruling in regard to the appeal of horseman Isaac Waxman
.
On February 3, 2011, ORC judges issued Ruling SB 43216 wherein Waxman was given an interim full suspension pending a hearing in relation to his conduct following Race 6 at Kawartha Downs, on February 3, 2011.
On February 4, 2011, prior to an ORC hearing being held, Waxman brought an application in the Ontario Superior Court of Justice (Court File No 11-25384), for an interlocutory injunction to stay Ruling Number SB 43216. The stay was granted pending return of the motion.
On February 24, 2011, a judges’ hearing was convened to deal with Waxman's conduct on February 3, 2011, at Kawartha Downs. As a result of this hearing the judges issued three Rulings, SB 43221, SB 43222 and SB 43223.
Pursuant to Ruling Number SB 43221, Waxman was fined $5,000 and fully suspended for one year (February 28, 2011 to February 27, 2012 inclusive) for violation of 6.17 (c) (d), and 6.20 (b) and (c) of the Rules of Standardbred Racing, as a result of his conduct following the sixth race at Kawartha Downs Raceway on February 3, 2011.
Pursuant to Ruling Number SB 43222, in accordance with 6.13.02 and 6.13.03 of the Rules, the following horses were suspended:
• Awesome Armbro N (ZW215)
• Flem N Enm (0ct46)
• All Tiger N (2BX84)
• Strand Hanover (8DL39)
• Cajon Thunder (7EM46)
• Dali (2C307)
• Dr Dew (8FN63)
• McLaren (3D916)
Pursuant to Ruling Number SB 43223, in accordance with 5.11 and 1.09 of the Rules all horses owned wholly or in part by Waxman on February 4, 2011 and onward, continued to have all purse monies held pending the full and complete disposition of the Ontario Superior Court of Justice granted injunction (number 11-25384).
On March 28, 2011, Justice Parayeski of the Ontario Superior Court of Justice released an Endorsement which held that the interlocutory injunction ought not to have been granted and set it aside. Justice Parayeski also refused Waxman's request to order payment of purse monies currently being held pursuant to Ruling Number SB 43223.
On March 31, 2011, the judges issued Ruling SB 43226, which required that purse monies continued to be held pending a hearing before a panel of the ORC.
Waxman appealed Rulings SB 43221, SB 43222 and SB 43223.
On May 19, 2011, a panel of the ORC consisting of chair Rod Seiling, vice-chair James Donnelly and commissioner David Gorman, was convened to deal with the appeal of Rulings SB 43221, SB 43222 and SB 43223. Angela Holland appeared as counsel for the administration. Mary Grosso appeared as counsel for Waxman and Waxman attended in person.
Upon hearing the testimony of Rick Rier, Joelann Irvine, Marty Cousins, David Gilders, Kenneth Switzer and Waxman, upon reviewing the exhibits filed, and upon hearing the submissions of counsel for the administration and counsel for Waxman, the panel varied the penalty as follows:
- The $5,000 fine remains;
- Waxman is to have his owner/trainer license immediately reinstated, commencing May 19, 2011, those licenses having been suspended since February 4, 2011;
- Waxman's driver’s license remains suspended until he successfully completes the remaining portion of his out-patient program at Homewood. Waxman will be required to have Homewood officials report monthly to Judge Rick Rier of his continuance in the program and its successful completion;
- Upon successful completion of the Homewood program, Waxman is eligible to have his driver’s license reinstated and until such time, he is prohibited from any public area of any racetrack in Ontario, including the Winner’s Circle. However, he is allowed to warm-up his horses on the track, subject to any Trespass Notice;
- Waxman is not eligible to the $61,140.00 in purse funds currently being held in escrow. These prize monies are to be released and redistributed upon 30 days of the issuance of this decision; and
- Waxman is placed on probation until May 18, 2012, with the following conditions:
- He is to keep the peace and be of good behaviour and to have no more personal conduct rule violations; and
- Failure to comply with his probation will result in a review of his licensing status by the Director.
To view a copy of the ORC decision, which includes Reasons for Decision, click here.
(ORC)