Ontario
Racing
Commission
TB
RULING NUMBER COM SB 023/2008
COMMISSION HEARING TORONTO, ONTARIO – JUNE 17, 2008
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL OF
STANDARDBRED LICENSEE KEN DUNCAN
Standardbred licensee, Ken Duncan, appealed Standardbred Ruling SB 36882 dated March 31, 2008, in which the Judges found a violation of Rules 9.09(b) and 26.02.01 and 26.02.02 arising from a certificate of positive analysis for the Class I substance, AMINOREX, in the horse JOHN BALL JONES arising after the seventh race at Flamboro Downs on February 28, 2007.
On June 17, 2007, a Panel of the Commission consisting of Chair Rod Seiling, Vice-Chair Hon. James Donnelly and Commissioner David Gorman, convened to hear the appeal. Brendan Van Niejenhuis appeared as counsel to the Administration. Brian Greenspan appeared as agent to Ken Duncan.
On being advised that the Administration intended to call no evidence on the hearing de novo, and on hearing the submissions of counsel for the Administration and for Ken Duncan, and on being advised of the consent of all parties to this Order, the Panel ordered as follows:
The appeal with respect to Certificate No. 1611688 from CanTest Limited dated March 8, 2007, is hereby allowed, and no finding of responsibility by the appellant is made.
Standardbred Ruling SB 36882 dated March 31, 2008, is accordingly set aside, subject to paragraph 3 of this Ruling.
That portion of Standardbred Ruling SB 36882 relating to Rule 9.13 and 18.08.01, shall remain in full force and effect, by operation of Rule 9.13 and on consent of all parties.
Standardbred Ruling SB 63/2008, dated April 4, 2008 and amended May 15, 2008, whereby Ruling SB 36882 was made subject to a stay, is accordingly hereby set aside.
The Panel gave oral reasons for the Ruling, a copy of which is attached hereto.
DATED this 27th day of June 2008.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director