IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER IN THE APPEAL OF
STANDARDBRED OWNER/TRAINER TONY THOMPSON
Standardbred Owner/Trainer Tony Thompson appealed Judges' Ruling Number SB 35015, dated May 26, 2006, wherein he was fined the sum of $5,000.00 and fully suspended for 6 months for violation of Rule 22.38(b) of the Rules of Standardbred Racing as a result of an excess level of TCO2 in his horse LADY MEG, that raced in the 2nd race on May 19, 2006 at Flamboro Downs Raceway.
The ORC Panel hearing the matter consisted of Chair Lynda Tanaka and Commissioners David Gorman and Bernard Brennan, DVM. The Panel convened on June 20, 2006. Aaron Dantowitz and Bob Hutchins appeared for the Administration and Mr. Thompson appeared on his own behalf.
On reading the Agreed Statement of Facts, on hearing the evidence of Tony Thompson, on reviewing the Exhibits, and on hearing the submissions on behalf of the Administration and of Tony Thompson, the Panel ordered that Mr. Thompson be fined $5,000.00 and fully suspended for 6 months.
The Commission's oral Reasons for Decision form part of the transcript of the hearing which is attached to this Ruling.
DATED this 29th day of June 2006.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
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1ONTARIO RACING COMMISSION
STANDARDBRED HEARING
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IN THE MATTER OF THE Racing Commission Act,
3 2000, S.O. 2000, c 20
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-and-
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6 IN THE MATTER OF: Standardbred Owner/Trainer:
TONY THOMPSON
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10 BEFORE: Lynda Tanaka Chair
11 George Kelly Member
12 Bernard Brennan DVM Member
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---------------REASONS---------------
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15 Conducted in the Hearing
Room of the Ontario Racing Commission, 7th
16 Floor, Suite 400, 10 Carlson Court Toronto,
Ontario, on the 20th day of June 2006
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20 APPEARANCES:
21 Aaron Dantowitz Counsel for the
Bob Hutchins Administration
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Bill Fines Supervisor of Standardbred Racing
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24 Tony Thomp Unrepresented
25 TORONTO COURT REPORTERS - TORONTO – ONTARIO
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Reasons - T. Thompson
1 Upon resuming.............
2THE CHAIR: Thank you. Be seated.
3This is a unanimous decision of the Panel.
4We've considered the evidence we've
5 heard today and reviewed the documents that have
6 been provided to us including the Agreed
7 Statement of Facts.
8 We've considered the submissions that
9 have been made by Mr. Thompson and by counsel
10 for the Commission Administration and also the
11 guidelines as to penalty with respect to the
12 drug offences.
13 We've considered Mr. Thompson's
14 record, which has been provided to us in
15 exhibit, which includes the two positive TCO
16 tests within the last year as well as medication
17 in error, rule violations and financial
18 responsibility rule violations.
19 We note that the second offence under
20 the guidelines is contemplated as a second
21 offence in three years; not a second offence in
22 a matter of months.
23 The fine that was levied by the judges
24 is as provided in the guidelines and the penalty
25 of suspension is the minimum for the second offence.
Reasons - T. Thompson
1
2 Given Mr. Thompson's history of rule
3 compliance, especially the medication error
4 violations and the financial responsibility
5 violations, we will not change the penalty
6 imposed by the judges.
7 Mr. Thompson, Mr. Fines will no doubt
8 tell you that the point when the fine is
9 critical to be paid is when you wish to re-enter
10 the industry following your suspension. So, in
11 terms of your own financial planning, you should
12 bear that in mind; that the fine is payable at
13 any time but it must be paid before your licence
14 will be reinstated.
15 So, thank you very much for coming and
16 providing us with the information you did and
17 thank you Mr. Dantowitz for stepping in on such
18 short notice. This concludes the
19 proceedings. Thank you.
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Reasons - T. Thompson
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5I hereby certify the foregoing to be
6 a true and accurate transcript as taken
7 by me to the best of my skill and
8 ability.
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11 _____________________________
12 Christine McAlister, B.A.,C.S.R.
13 Toronto Court Reporters
14 1410 - 65 Queen Street West, Box 69
15 Toronto, Ontario M5H 2M5
16 (416) 364-2065
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25 TORONTO COURT REPORTERS - TORONTO - ONTARIO