IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20; AND
IN THE MATTER OF THOROUGHBRED TRAINER
SAMUEL R. QUARANTA
Thoroughbred Trainer Samuel R. Quaranta (#121637) appealed Stewards’ Ruling TB 205/2003 issued against him on November 9, 2003 in which he was fined $1,000.00 for medicating the horse MILL KAPP while the horse was programmed to race on November 2, 2003, failing to have MILL KAPP available for Lasix administration on November 2, 2003, and failing to scratch MILL KAPP in writing prior to the second race at Fort Erie Race Track on November 2, 2003, contrary to Rules 6.10.1, 7.01, 15.05, 15.09.1 and 36.05 (a), (b), (c), and (d) of the Rules of Thoroughbred Racing.
On May 5, 2004, Chair Lynda Tanaka, Commissioners Bernard Brennan, DVM, and Brenda Walker of the Ontario Racing Commission convened to hold the hearing.
Mr. Quaranta appeared on his own behalf and Tim Snell appeared on behalf of the Administration.
Upon hearing the testimony of Earle Nugent, DVM, Steward Richard Grubb and Mr. Quaranta, upon reading the exhibits and upon hearing the submissions of the parties, the Ontario Racing Commission ordered that the appeal be dismissed with respect to both liability and penalty.
In addition, the Commission determined that the appeal was frivolous and ordered, pursuant to subsection 11(8) of the Racing Commission Act, 2000, that Mr. Quaranta pay to the Commission an additional penalty of $1,500.00.
In addition, the Commission ordered that Mr. Quaranta must pay both the amount originally imposed by the Stewards and that additionally imposed by the Commission for a frivolous appeal by no later than 30 days after the date of this Ruling, failing which his licence will be suspended until such time as full payment is made.
Samuel R. Quaranta is hereby ordered to pay to the Commission $2,500.00 by June 5, 2004, failing which his licence will be fully suspended until such time as full payment is made.
The reasons for decision form part of the transcript of the hearing.
DATED this 6th day of May 2004.
BY ORDER OF THE COMMISSION
Don Bourgeois
Acting Executive Director