IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL OF
STANDARDBRED OWNER/DRIVER/TRAINER
DONALD GILLIS JR.
Standardbred Owner/Driver/Trainer, Donald Gillis, Jr., appealed Judges' Ruling Number SB 36712 issued on February 15, 2007, wherein he was fully suspended for 75 days and fined the sum of $1,000.00 for violation of Rules 9.09(b), 26.02.1 and 26.02.2 of the Rules of Standardbred Racing, after the horse Jackie Brown, that raced in the 8th race at Woodbine on February 4, 2007, tested positive for the Class 4 drugs Phenylbutazone, Oxyphenbutazone and Gamma-hydroxyphenylbutazone.
The Ontario Racing Commission Panel hearing the matter consisted of Chair Rod Seiling, and Commissioners Bernard Brennan, DVM and George Kelly. The Panel convened on April 11, 2007. Aaron Dantowitz appeared for the Administration and Mr. Gillis appeared on his own behalf.
On reviewing the Exhibits filed, and on hearing the submissions of counsel for the Administration and the submissions of Mr. Gillis, the Panel denied Mr. Gillis's appeal.
The Panel gave oral reasons for decision, which form part of the transcript of the hearing and is attached to this Ruling.
DATED this 2nd day of May 2007.
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/Driver/Trainer
DONALD GILLIS JR.
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10 BEFORE: Rod Seiling Chair
11 George Kelly Member
12 Bernard Brennan, DVM Member
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14 ---------------REASONS---------------
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Conducted in the Hearing Room of the Ontario Racing
16 Commission, Suite 400 10 Carlson Court, Toronto,
Ontario, on the 11th day of April
17 2007
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20 APPEARANCES:
21 Aaron Dantowitz Counsel for the
Administration
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23 Bill Fines Supervisor of Standardbred
Racing
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1 -- Upon Resuming:
2THE CHAIR: Mr. Gillis, we're going to
3 provide you with an oral decision and I'm going
4 to read it out to you.
5 Mr. Gillis agreed to a Statement of
6 Facts as read by the Administration's counsel
7 Mr. Dantowitz. That is, his horse Jackie
8 Brown, who raced in the 8th race at Woodbine on
9 February 4, 2007, tested positive for the Class
10 4 drugs Phenylbutazone, Oxyphenbutazone and
11 Gamma-hydroxyphenylbutazone.
12 Illegal medications are having a
13 serious negative impact on the industry. The
14 Panel and this Commission have endorsed the
15 penalty guidelines as tabled in Exhibit 2. They
16 are to signify their consequences in the form of
17 penalties that are intended serve as a
18 deterrent.
19 Mr. Gillis' record shows that he needs
20 to be more diligent as to how he handles
21 medications for and around his horses. Two
22 positive tests in 18 month plus two medicated in
23 error fines in two years indicates to this
24 Panel, till at least this point in time, he does
25 not recognize this fact or the role he plays in
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1 ensuring the public confidence required in the
2 industry is he employed in.
3As a further warning to the Appellant,
4 this Panel recommends he quickly investigates
5 how to implement a best practices policy
6 regarding the handling and administration of
7 medication to his horses.
8 Another positive test from one of his
9 horses will be dealt with most severely by this
10 Commission. Therefore, this Panel denies his
11 appeal dated February 19th, 2007.
12 The Hearing is concluded.
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5 I 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 Gilmour, 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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TORONTO COURT REPORTERS - TORONTO - ONTARIO