RULING NUMBER COM SB 013/2008
COMMISSION HEARING TORONTO, ONTARIO – MARCH 31, 2008
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL OF
STANDARDBRED LICENSEE DARREL KNIGHT
Standardbred Owner Darrel Knight appealed Judges' Ruling Number SB 37122 issued on March 17, 2008, wherein the horse VEGAS GIRL, which had tested positive for the Class IV drug, Ambroxol, was suspended for 30 days, pursuant to Rule 6.14.
The Ontario Racing Commission Panel hearing the matter consisted of Chair Rod Seiling. The Panel convened on an urgent basis on March 31, 2008. Aaron Dantowitz appeared for the Administration and Patrick Supersad appeared as agent for Darrel Knight.
On reviewing the Exhibits filed, and on hearing the submissions of counsel for the Administration and of Mr. Supersad, the Panel denied Mr. Knight's appeal.
The Panel gave oral reasons for decision, a transcript of which is attached.
DATED this 17th day of April 2008.
BY ORDER OF THE COMMISSION
Robert McKinney
Acting Executive Director
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1
2 ONTARIO RACING COMMISSION
STANDARDBRED HEARING
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IN THE MATTER OF THE Racing Commission Act,
4 2000, S.O. 2000, c. 20
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6 -and-
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8 IN THE MATTER OF STANDARDBRED LICENSEE: DARREL KNIGHT
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BEFORE: Rod Seiling Chair
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14 ---------------REASONS---------------
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16 Conducted in the Hearing Room of the Ontario
Racing Commission, 7th Floor, Suite 400,
17 10 Carlson Court Toronto, Ontario, on the 31st day
of March, 2008.
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20 APPEARANCES:
21 Aaron Dantowitz Counsel for the
Administration
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Patrick Supersad Representative for the Appellant
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Bill Fines Supervisor Standardbred Racing
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TORONTO COURT REPORTERS - TORONTO - ONTARIO
Reasons - Darrel Knight
1 ----- Upon resuming
2 THE CHAIR: Please be seated.
3 Standardbred owner Darrel Knight requested a
4 stay of the suspension of the horse Vegas Girl.
5 This horse raced on February 29th, 2008 at
6 Flamboro Downs in the 6th race and finished
7 1st.
8 Mr. Aaron Dantowitz represented the
9 Administration and Mr. Patrick Supersad
10 represented Mr. Knight.
11 Vegas Girl tested positive for the
12 Class 4 drug Ambroxol and was disqualified with
13 purse monies redistributed as per Judges' Ruling
14 SB 37123 dated March 17, 2008.
15 The horse Vegas Girl was suspended for
16 30 days as per Standardbred Ruling SB 37122 for
17 a violation of Standardbred Rule 6.14.
18 On March 19, 2008, Mr. Knight filed an
19 appeal asking for leniency claiming the penalty
20 was too harsh and financially expensive.
21 On March 26th, 2008 the Director of
22 the Commission; Mr. John Blakney, denied the
23 stay, Exhibit 1, tab 5, based on a
24 recommendation by the Director of Standardbred
25 Racing; William Fines, on the basis the penalty
TORONTO COURT REPORTERS - TORONTO - ONTARIO
Reasons - Darrel Knight
1 is consistent with other cases.
2 The Emergency Hearing, held at the
3 request of the appellant, commenced three hours
4 late due to Mr. Supersad's inability to present
5 himself at the 10:00 a.m. start which he had
6 notice of on Friday March 24, 2008. The Chair
7 of the Panel inquired, at the commencement of
8 Hearing, what, if any, action should be taken
9 over the added cost to the Tribunal for the
10 delay.
11 Mr. Supersad, at the commencement of
12 the Hearing informed the Panel that he wished to
13 have the purpose of the Hearing changed from a
14 consideration for a stay of penalty to an appeal
15 of the penalty on the horse Vegas Girl for a 30
16 day suspension. Following agreement of Mr.
17 Dantowitz to proceed on that basis, the Panel
18 agreed to go forward.
19 It was agreed that the covering page
20 of Exhibit 1, as read into the record, was the
21 agreed statement of facts along with tab 8; the
22 positive test certificate for Vegas Girl, and
23 tab 15; the Standardbred Canada record for
24 trainer MacLean showing two positive tests
25 within three years.
TORONTO COURT REPORTERS - TORONTO - ONTARIO
Reasons - Darrel Knight
1Mr. Supersad asked for leniency as Mr.
2Knight is a new owner and, as such, they need to
3 be given some consideration given the cost a
4 suspension entails. He also claimed the horse
5 ran its normal time in winning the race
6 insinuating that the Ambroxol did not affect the
7 outcome.
8 Mr. Dantowitz stated the penalty was
9 appropriate with other past violations and
10 referenced Standardbred Rule 6.14 whereby the
11 Judges can suspend the horse in this instance.
12 He said it is to remind licensees that the
13 trainer has a primary responsibility but puts
14 owners on notice that they have a responsibility
15 as to who they hire.
16 The issue: Is the penalty to Vegas
17 Girl appropriate?
18 The Decision: After listening to the
19 testimony and reviewing the submission, the
20 appeal is denied.
21 Reasons: Medication is a very large
22 concern as it relates to the integrity of horse
23 racing. It reportedly is having a substantial
24 negative impact on the ability or willingness of
25 fans to support the sport.
TORONTO COURT REPORTERS - TORONTO - ONTARIO
Reasons - Darrel Knight
1 The Commission, as the regulator,
2 therefore must ensure there are sufficient
3 deterrents to any misuse of medications. To
4 give any value as a deterrent, the penalty
5 should cause such an outcome so that licensees
6 will take the appropriate steps not incur any
7 further violations in the future.
8 Owners have a responsibility to the
9 sport and to the horse. An owner: As an owner,
10 that person must conduct the due diligence
11 necessary to assure oneself the trainer has the
12 best interests of the horse's health and welfare
13 at heart and will conduct him or herself within
14 the rules.
15 The Panel believes that, given the
16 circumstances, a 30 day suspension is
17 appropriate.
18 With respect to the three hour time
19 delay, the Panel accepts Mr. Supersad's apology
20 and reasons.
21 Thank you very much.
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TORONTO COURT REPORTERS - TORONTO - ONTARIO
Reasons - Darrel Knight
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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