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

AND IN THE MATTER OF THE APPEAL OF

STANDARDBRED OWNER/TRAINER NORMAND DESSUREAULT

Standardbred owner/trainer Normand Dessureault appealed from SB 33683 dated December 27, 2006, in which Mr. Dessureault was found to have violated Rules 26.02.01, 26.02.02 and 9.09(a) and (b) of the Rules of Standardbred Racing, fined $2000 and suspended for 150 days as a result of a positive test for Flunixin, a Class IV drug, in the horse OUTBACK MICHELLE. Mr. Dessurealt admitted the violation but appealed the penalty imposed by the track judges.

A Commission Panel consisting of Chair Rod Seiling and Commissioners Jane Garthson and Bernard Brennan, DVM, convened for a hearing on February 26, 2007.

Patricia Latimer appeared at the hearing for the Administration and Mr. Dessureault appeared on his own behalf, via teleconference.

On hearing the joint submissions of the Administration and Mr. Dessureault, and on reading and reviewing the exhibits filed, the Commission varied the penalty ordered by the track judges. The Commission ordered that Mr. Dessureault be suspended for a period of 75 days, commencing January 1, 2007 to March 16, 2007 inclusive, and that he pay a fine in the amount of $1000.00. In addition, the Commission ordered that, following his suspension, Mr. Dessureault be subject to a three-year probation, commencing March 17, 2007 to March 16, 2010, during which time Mr. Dessureault will provide open access to Ontario Racing Commission Investigators to attend at his stables to test any horse that he owns or is training.

The Commission gave oral reasons for the decision, the transcript of which is attached to this ruling.

DATED at Toronto this 2^nd day of March 2007.

BY ORDER OF THE COMMISSION

John L. Blakney

Executive Director

ONTARIO RACING COMMISSION

STANDARDBRED HEARING

IN THE MATTER OF STANDARDBRED OWNER/TRAINER

NORMAND DESSUREAULT:

These are the oral reasons in the above mentioned matter held before The Ontario Racing Commission, Re: NORMAND DESSUREAULT, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Mississauga, Ontario, on the 26th day of February, 2007.

Held Before: Chairman Rod Seiling,

Dr. Bernard Brennan

Ms. Jane Garthson

Appearances:

Ms. Patricia Latimer,

for the Ontario Racing Commission Administration

Normand Dessureault (via teleconference)

on his own behalf.

Hearing continued ...

MR. WILSON: All rise. This hearing before the Ontario Racing Commission is back in session.

MS. LATIMER: If I may, just before you commence, I'd just like to clarify one further point that Mr. Dessureault is currently under suspension for a breach of his probation. That does not end until April the 11th, 2007. So I just wanted to make that clear on the record that although the suspension will have ended, possibly, that April 2007 date still remains.

MR. CHAIRMAN: All right. We are going to issue an oral ruling. The panel accepts the joint submission with one condition, if it is acceptable to Mr. Dessureault, that the probation period will be extended to three years from two. The panel is very concerned about Mr. Dessureault's past history. Eight positive tests in ten years plus two more as an owner is totally unacceptable behaviour. We are concerned as it impacts on the public and also the health of the horse. Any further indication of improper behaviour resulting from as it relates to the Standardbred Rules of Racing with either the illegal use of drugs or illegal drugs themselves will be viewed most unfavourably by this Commission.

So therefore the probation will commence on March 17th, '06 and run through - I mean '07.

MS. GARTHSON: And now it is April?

MR. CHAIRMAN: No but the suspension will end, as I understand, on March 17th so the probation will commence on March 17th, '07 and run through to March 16th, 2010. So if Mr. Dessureault is agreeable to this that's fine. Otherwise we will go to a full hearing.

MR. DESSUREAULT: Yes.

MR. CHAIRMAN: You are agreeable, Mr. Dessureault?

MR. DESSUREAULT: Yes, I'm agreeable.

MR. CHAIRMAN: Fine. So ruled.

MS. LATIMER: Thank you very much for your patience today.

CERTIFIED CORRECT:____________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths