IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;

AND IN THE MATTER OF STANDARDBRED VETERINARIAN

DAVID GOODROW

Standardbred veterinarian Dr. David Goodrow, DVM (E48941) appealed Ruling number SB 159/2003 issued by the Executive Director wherein Dr. Goodrow was suspended for 15 days for violation of Rule 6.47.6 of the Rules of Standardbred Racing.

On October 7, 2003, Vice Chair Larry Todd, Commissioner Brenda Walker and Commissioner Bernard Brennan, DVM convened to hear the appeal.

Robert Burgess, Q.C. appeared on behalf of Dr. Goodrow and Don Bourgeois appeared on behalf of the Administration.

Upon hearing the evidence of Troy Moffatt, Bill Elliott and Dr. Goodrow, upon reading the exhibits filed and upon hearing the submissions on behalf of the parties, the Ontario Racing Commission granted the appeal.

The Commission’s reasons for decision are attached to and form part of this Ruling.

DATED at Toronto this 17^th^ day of October, 2003.

BY ORDER OF THE COMMISSION

Jean Major

Executive Director

REASONS FOR DECISION

1Dr. David Goodrow appeals from Ruling No. SB159/2003 dated August 5, 2003 whereby he was suspended for fifteen days for failure to comply with Rule 6.47.6 of the Rules of Standardbred Racing.

2At this hearing, the appellant was represented by Robert Burgess, Q.C., and the Administration by Don Bourgeois.

3The subject Ruling being appealed was issued by the Executive Director of the Ontario Racing Commission pursuant to the provisions of Rule 6.47.7 of the Rules of Standard Racing. It is noted that there was no objection to or issue with the process or procedure whereby Dr. Goodrow came before this panel.

4This hearing focuses on the veterinarian provisions of a series of rules added to the Rules of Standardbred Racing effective January 1, 2003 often referred to in the industry as the “death registry” provisions.

5Mr. Burgess in his opening and summation stressed that Dr. Goodrow, as a respected and senior equine practitioner, fully supports and applauds the death registry provisions of the Rules of Standardbred Racing.

6The death registry and in particular the reporting requirements for veterinarians contained in Rule 6.47.6, was an addition to the rules of racing announced and widely publicized in 2002 for implementation January 1, 2003.

7The death registry amendments to the rules of racing was part of an initiative by the Ontario Racing Commission to deal more fully and aggressively with issues surrounding the health and welfare of the race horse. These rules were designed to be consistent with the mission statement of the Ontario Racing Commission and in particular to promote and protect the health and the safety of the horse. It was hoped that the death registry would assist the Commission in tracking, investigating and prosecuting cases of mistreatment or abuse of the horse and would additionally provide Commission staff and veterinarians within the industry with a valuable research tool.

8Troy Moffatt gave evidence as an investigator on behalf of the Ontario Racing Commission, while Mr. Burgess called Dr. Goodrow and Bill Elliott, the assistant trainer of the William Robinson Stable, as his witnesses. Additionally, we had the benefit of exhibits 2, 3 and 6 being, respectively, transcripts of investigator’s interviews with Bill Robinson, Dr. Goodrow and Bill Elliott.

9GI Sam was a standardbred race horse owned by Ms Gerrie Tucker, Ian Fromowitz and Randy Waples.

10GI Sam was acquired privately by his owners for approximately $50,000 in early March of 2003 and had four wins in the last seven starts prior to his death. Mr. Robinson, in his statement, referred to GI Sam as “just a horse, an average horse” while Mr. Elliott indicated that “he was a nice horse and he was good gaited and he always raced well for us”.

11GI Sam died in the stable of trainer, Bill Robinson, alone and without any veterinarian assistance during the night of May 13^th^/14^th^, probably in the early hours of May 14^th^. The evidence is uncontroverted that Mr. Elliott of the Bill Robinson Stable within hours of the death of the horse had the carcass removed by a dead stock service. No notice was given to the Ontario Racing Commission in any format by anyone from the Bill Robinson Stable of the death of GI Sam prior to or even after the disposition of the body.

12Mr. Moffatt in cross-examination made the following acknowledgments:

(a) Bill Robinson did not contact Dr. Goodrow re: the illness or death of GI Sam on May 12^th^ or May 13^th^, 2003.

(b) Bill Elliott, assistant trainer of the Bill Robinson Stable, did not contact Dr. Goodrow regarding the illness or death of GI Sam on either May 12^th^ or May 13^th^, 2003.

(c) There is no evidence that Dr. Goodrow had any knowledge of the death of GI Sam until Monday, May 19^th^, 2003 when he made his regular Monday attendance at the Bill Robinson farm.

13We heard at some length evidence as to whether Dr. Goodrow was the veterinarian of GI Sam within the context of Rule 6.47.6 of the Rules of Standardbred Racing. In that respect, we note the following evidence:

(a) Mr. Elliott’s interview evidence that “Goodrow is the first person” and we “hardly ever use other vets”.

(b) Mr. Robinson’s interview evidence that Dr. Goodrow “is our main man” and that Dr. Grant is only used “on occasions”.

(c) Dr. Goodrow did complete blood work up and profile of GI Sam on May 12^th^, 2003 and May 5^th^, 2003 as well as an endoscopic examination of his lungs