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

AND IN THE MATTER OF THE APPEAL OF

STANDARDBRED OWNER/TRAINER ANTHONY MONTINI, LICENCE NO. R15371*

DECISION OF THE ONTARIO RACING COMMISSION PANEL

(COMMISSIONER GORMAN ACTING ALONE)

This hearing took place via conference call on Friday, February 23, 2007, with the following participants:

• Commissioner David Gorman, sole Panel member
• Brendan Van Niejenhuis, acting for the ORC Administration
• Ronald Moldaver, acting for Mr. Montini

After hearing the arguments put forward by Messrs. Van Niejenhuis and Moldaver, I am of the opinion that the appeal of Mr. Montini with respect to the decision of the Executive Director to revoke his stay be temporarily granted provided that the following conditions are adhered to:

1. That the decision applies only to Friday, February 23, 2007 and Saturday, February 24, 2007;

That the decision applies only to the four horses which Mr. Montini entered in New Jersey prior to the Executive Director’s Ruling. The Executive Director’s Ruling remains in place for all other horses owned or trained by Mr. Montini;

1. That Mr. Montini make full and complete disclosure of his current status to the proper authorities at the New Jersey Racing Commission prior to racing on Friday, February 23, 2007, including his status at Woodbine; and that these authorities be requested by Mr. Montini to acknowledge same to Mr. John Blakney, Executive Director at the Ontario Racing Commission at the earliest possible time;
2. That all monies earned on February 23, 2007 and February 24, 2007 by the four horses in question be placed in a Trust Account held by Mr. Moldaver, pending disposition of the ruling(s) against Mr. Montini; and that
3. The Executive Director’s Ruling dated February 21, 2007 take effect on Sunday, February 25, 2007.

Written reasons will follow.

Should the parties wish to convene on Monday, February 26, 2007, please contact Ms. Darla Wright at the Ontario Racing Commission offices to make the necessary arrangements.

DATED this 23rd day of February 2007.

BY ORDER OF THE COMMISSION Original signed by David Gorman

David Gorman

Commissioner

REASONS FOR DECISION

Background

1Standardbred owner-trainer Anthony Montini, Licence Number R15371, was suspended for 180 days and fined $5,000 dollars in October 2006 for a positive drug test result for the Class 3 drug PHENYLPROPOLAMINE on the horse PARAGON which was trained by Mr. Montini. He appealed that penalty and was granted a Stay on October 13, 2006, pending the hearing of his appeal (now scheduled for March 15, 2007).

2On February 19, 2007, a positive test for the drug AMOREXIN was reported on the horse NATESGOTAGRIN, trained by Mr. Montini. The Executive Director of the Ontario Racing Commission issued an order on February 21, 2007 revoking the Stay. Mr. Montini, through his counsel, appealed the revocation, on the grounds that he had entered two horses to race at The Meadowlands in New Jersey on each of Friday, February 23 and Saturday February 24, and that he had not been charged with any offence in relation to the most recent positive test.

3The appeal was heard by telephone conference call on Friday afternoon, February 23, 2007 by Commissioner David Gorman, acting alone. Brendan Van Niejenhuis acted for the ORC, and Ronald Moldaver acted for the appellant.

The Decision

4After hearing the arguments put forward by Messrs. Van Niejenhuis and Moldaver, I am of the opinion that the appeal of Mr. Montini with respect to the decision of the Executive Director to revoke his stay be temporarily granted provided that the following conditions are adhered to:

1. That the decision applies only to Friday, February 23, 2007 and Saturday, February 24, 2007;

2. That the decision applies only to the four horses which Mr. Montini entered in New Jersey prior to the Executive Director’s Ruling. The Executive Director’s Ruling remains in place for all other horses owned or trained by Mr. Montini;

3. That Mr. Montini make full and complete disclosure of his current status to the proper authorities at the New Jersey Racing Commission prior to racing on Friday, February 23, 2007, including his status at Woodbine; and that these authorities be requested by Mr. Montini to acknowledge same to Mr. John Blakney, Executive Director at the Ontario Racing Commission at the earliest possible time;

4. That all monies earned on February 23, 2007 and February 24, 2007 by the four horses in question be placed in a Trust Account held by Mr. Moldaver, pending disposition of the ruling(s) against Mr. Montini; and that

5. The Executive Director’s Ruling dated February 21, 2007 take effect on Sunday, February 25, 2007.

Reasons

5There is no question in my mind that, had the four horses in question been entered to race in Ontario, the Director’s decision to revoke the Stay would have been upheld in its entirety. As the Decision in this case makes clear, the revocation took effect on February 25. The only reason for the short delay was to allow officials in New Jersey, where the horses’ entries had been accepted in good faith, to determine whether in all of the circumstances, the horses would be permitted to race in their jurisdiction. I felt that, in fairness to the officials in New Jersey, full disclosure must be made to them and that the decision with respect to Mr. Montini’s participation with the four horses should be theirs.

6The officials in New Jersey ordered the four horses scratched. Thus, the Decision with respect to monies won was rendered moot.

7The finding of a positive test is extremely serious, especially so when it is ascribed to one who is already on probation, so to speak. It is not for me to decide whether there are extenuating circumstances surrounding the positive test. Counsel for the appellant raised several questions which presumably will be at issue when Mr. Montini’s original appeal is heard.

8As has been stated in other cases and by other panels, the decision to alter an Order of the Executive Director is not made lightly. In this case it was altered only slightly, to allow officials in New Jersey to make the determination given that they apparently had accepted the entries of the four horses in good faith. The Director’s Order with respect to Ontario was not altered, and remains in place.

9The Decision with respect to monies earned by the four horses was rendered moot when the four were scratched. However, it appears to me that when a Stay is granted, some sort of “bail money” should be considered. Its eventual disposition would be determined by the panel hearing an appeal.