Justin R. Fogarty — Commissioner

Andrew McCabe v. Administration of the Ontario Racing Commission, 2015 CanLII 77289

Appeal allowed and penalties set aside where only one of three blood vials tested positive for Oxycodone.

The appellant trainer appealed a nine-month suspension and $5,000 fine imposed after his horse tested positive for Oxycodone.

The official sample consisted of three blood vials.

While one vial tested positive for trace amounts of the drug, the other two vials tested negative.

The panel accepted expert evidence that it is physiologically impossible for a continuous blood draw to distribute a drug into only one vial, concluding the single positive vial must have been contaminated.

The appeal was allowed and the penalties were set aside.

ORCNov 23, 2015

for the Administration

Catalin TriponCounsel
1 appearance

for the Appellant

Larry ToddCounsel
1 appearance

1

Decisions

1

Years active

1

Tribunals

2015–2015

Active range

ORC1(100%)

Decision types

appeal

1