IN THE MATTER OF THE RACING COMMISSION ACT 2000, S.O. 2000, c.20;
AND IN THE MATTER OF STANDARDBRED OWNER/VETERINARIAN BLAINE W. KENNEDY
Standardbred Owner/Veterinarian Blaine W. Kennedy (V56423) appealed Judges’ Ruling SB26351, July 11, 2002, wherein he was fined the sum of $1,000 for violation of Rule 8.11 of the Rules of Standardbred Racing for being partially responsible for a positive test result for the Class 4 drug Dipyrone on the horse FIRST CLASS DESIGN which raced in the 9th race on June 22, 2002 at Flamboro Downs Raceway.
On November 27, 2002, Chair Stanley Sadinsky, Q.C. and Commissioners Ernest Nock and Thomas Deacon convened to hear the appeal.
Dr. Blaine Kennedy appeared on his own behalf and Counsel Don Bourgeois appeared on behalf of the Administration.
On hearing the evidence of Mike Brown, Soo Beng Tan and Dr. Kennedy, on reviewing the exhibits filed and on hearing submissions on behalf of the parties, the Ontario Racing Commission dismissed the appeal, upholding the imposition of a fine of $1,000. The Ontario Racing Commission further imposed a penalty of $1,000 pursuant to subsection 11(8) of the Racing Commission Act, 2000 and section 1 of the Regulations under the Act as the Commission was of the opinion that the request for the hearing was frivolous.
The reasons for decision were given orally and form part of the transcript.
DATED this 28th day of November 2002.
BY ORDER OF THE COMMISSION (original signed by) Jean Major
Jean Major
Executive Director