Sandra J. Meyrick — Commissioner

Larry Cappuccitti and Renee Wilson v. Administration, 2016 CanLII 5255

Appeals allowed; absolute liability for positive drug tests waived where trace amounts resulted from environmental contamination.

Two horse trainers appealed suspensions and fines imposed after their horses tested positive for trace amounts of methamphetamine.

The Ontario Racing Commission heard expert evidence that the extremely low levels of the drug were the result of environmental contamination, not administration, and would not enhance performance.

The Commission waived the absolute liability rule for positive tests, finding that penalizing the trainers for unavoidable environmental contamination would be unjust and contrary to the public interest.

The appeals were allowed and the penalties set aside.

ORCFeb 8, 2016

for the Administration

Brendan Van NiejenhuisCounsel
1 appearance
Carlo Di CarloCounsel
1 appearance
Luisa RitaccaCounsel
1 appearance

for the Appellants

Frank L. RothCounsel
1 appearance

1

Decisions

1

Years active

1

Tribunals

2016–2016

Active range

ORC1(100%)

Decision types

appeal

1