Ontario Racing Commission
TB
RULING NUMBER COM SB 016/2008
COMMISSION HEARING TORONTO, ONTARIO – MAY 26, 2008
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL OF
STANDARDBRED OWNER JINDRISKA I. GRACOVA
OWNER JCH STABLE INC.
The Background
Jindriska I. Gracova, (Gracova), date of birth July 13, 1962, is licensed by the Ontario Racing Commission as a trainer/owner, Licence Number P97134.
Gracova is the first and only director of JCH Stable Inc. at 282 Campbellville Road, Campbellville, Ontario.
Evzen Pindur, (Pindur), date of birth October 29, 1962, is licensed by the Ontario Racing Commission as a driver/trainer/owner/authorized agent, Licence Number P31455.
On March 18, 2008, out-of-competition blood samples were drawn from a racehorse trained by Pindur.
On April 14, 2008, analysis of the blood samples resulted in a confirmed positive test.
On April 23, 2008, the Executive Director of the Ontario Racing Commission ordered the immediate suspension of the licence of Pindur.
The Executive Director also issued a Notice of Proposed Order for the suspension of the licence of Pindur for a period of 12 years.
The Ruling
On April 25, 2008, a Panel of Standardbred Judges at Flamboro Downs Raceway, issued Ruling SB 38423 which placed four horses owned by Gracova on the Judges’ List, pursuant to Rule 6.13.01 of the Rules of Standardbred Racing.
Rule 6.13.01 states as follows:
“A horse shall not be eligible to be entered to, or start in any race, if owned or controlled in whole or in part, by a suspended, disqualified unlicensed or ineligible person.”
The reasons provided by the Judges for placing the four horses on the Judges’ List are set out as follows:
“i. Evzen Pindur is suspended by the Ontario Racing Commission as a result of a Proposed Order by the Executive Director.
ii. Evzen Pindur is the authorized agent for JCH Stable Inc.
iii. Evzen Pindur was involved and participated in the day-to-day operation of the training and racing of the above horses.
The above horses shall remain on the Judges’ List until documentation has been presented to the Judges at Flamboro Downs proving that Pindur has no involvement or control, in whole or in part of these horses.”
Procedural History
On April 29, 2008, Gracova appealed against this Ruling
On April 29, 2008, Gracova requested a Stay of the ruling until her appeal was heard.
On May 2, 2008, the Executive Director of the Ontario Racing Commission denied the request for a Stay.
Subsequent Events
On May 14, 2008, Gracova sold three of the four horses, (ROXY LEE N, LUXURY SEELSTER AND DEWYS DEAL) to a purchaser in the United States of America.
On May 20, 2008, Gracova sold the 4th horse, (ARMBRO ALIDAR) to the Waterloo Livestock Exchange in Ontario, Canada.
The Hearing
On May 26, 2008, a Panel of the Ontario Racing Commission consisting of Commissioner David Gorman was convened to hear this matter.
Gracova appeared in person.
Frank L. Roth appeared as counsel for Jindriska I. Gracova and JCH Stable Inc.
Anthony Williams appeared as counsel for the Administration.
On review of the exhibits filed and on hearing the submissions of counsel for both Gracova and the Administration, the Commission determined as follows:
(i) That as a result of the divestment by Gracova of her ownership interest in the four horses, the appeal of the Judges’ Ruling, SB 38423, issued April 25, 2008 at Flamboro Downs Raceway is now moot;
(ii) That neither Gracova nor JCH Stable Inc. has been found to be in breach of any of the rules of racing, nor have they been so charged;
(iii) That Gracova may, in the future, acquire racehorses and participate fully in the horse racing industry in the Province of Ontario, provided that she is in compliance with the rules of racing.
DATED this 2nd day of June 2008.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
REASONS FOR DECISION
Background
Jindriska Gracova and JCH Stable were issued Ruling SB 38423 on April 25, 2008 by a Panel of Judges at Flamboro Downs. Ms. Gracova is the sole owner/director of JCH. This Ruling resulted in four horses owned by Ms. Gracova/JCH Stable being placed on the Judges’ List, and therefore ineligible to race. The four are ROXIE LEE N, ARMBRO ALIDAR, LUXURY SEELSTER AND DEWYS DEAL.
Ms. Gracova has a common-law relationship with one Evzen Pindur, an ORC licensee who is currently suspended by the Ontario Racing Commission (ORC) as a result of a Proposed Order by the Executive Director. Mr. Pindur is apparently the authorized agent for JCH Stable Inc. and was allegedly involved and participated in the day-to-day operations of JCH Stable Inc.
Ruling SB 38423 concluded by stating that “the above horses shall remain on the Judges’ List until documentation has been presented to the Judges at Flamboro Downs proving that Mr. Pindur has no involvement or control in whole or in part of these horses.”
Ms. Gracova, through her counsel Frank Roth, requested of the Executive Director, a stay of the Judges’ Ruling. On May 5, 2008, that request was denied. (Ruling SB 82/2008)
Ms. Gracova then appealed the decision of the Executive Director, resulting in today’s hearing.
The hearing was ordered for 9:00 a.m. on Monday, May 26, 2008. Commissioner David Gorman acted alone. Anthony Williams represented the Administration of the ORC and Frank Roth represented Ms. Gracova.
Subsequent Events
- As evidenced by a document at Tab 41 of Exhibit 4, being a cheque in the amount of $36,000 payable to Jindriska Gracova and dated May 14, 2008, three of the horses in question were sold to US interests. The three were ROXIE LEE N, LUXURY SEELSTER and DEWYS DEAL, (a fourth horse, Paradise Lane, not the subject of Ruling SB 38423, was included in the sale). The fourth horse, ARMBRO ALIDAR, was sold through the Ontario Livestock Exchange, as evidenced by a document at Tab 40, Exhibit 4.
Decision
The four horses which were the subject matter of Ruling SB 38423 are no longer the property of Ms. Gracova or JCH Stable Inc. The matter is therefore moot and there is no need for a decision on the primary matter before this Panel. However, Mr. Roth raised a number of important issues during his submissions.
Of immediate importance to his client, Ms. Gracova, is the question “How does Ms. Gracova proceed in the racing business from here on?”
It is important to note that neither Ms. Gracova nor JCH Stable Inc. has been found in breach of any of the Rules of Racing nor have they been so charged. She is entitled to know how to proceed in the racing business, should she choose to remain a participant.
It is the order of the Panel that Ms. Gracova may, in the future, acquire racehorses and participate fully in the horse racing industry in the Province of Ontario, provided that she is in compliance with the rules of racing.
DATED this 2nd day of June 2008.
David Gorman
Commissioner