Ontario

Racing

Commission

TB

RULING NUMBER COM SB 025/2008

COMMISSION HEARING TORONTO, ONTARIO – JULY 23, 2008

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

AND IN THE MATTER OF THE APPEAL OF

STANDARDBRED LICENSEE THERESE VRABLIC

Standardbred owner and trainer Therese Vrablic (Licence # W92772) appealed Ruling SB 38337 wherein the Judges ruled that a penalty of eight months full suspension and a fine of $3,000 was appropriate for a positive test for Lidocaine and its metabolite Desethyl Lidocaine (Class II drug) for the horse ANDERLECHT which raced at Mohawk Raceway on May 5, 2008 in the 6^th race.

On July 23, 2008, a Panel of the Ontario Racing Commission consisting of Chair Rod Seiling, Commissioner Brenda Walker and Commissioner Pam Frostad convened to hear the appeal.

Maureen Harquail appeared as Counsel for the Administration. Larry Todd appeared as Counsel for Therese Vrablic.

Upon hearing the evidence of Therese Vrablic and Dr. Bruce Duncan and upon reviewing the exhibits filed, and upon hearing the submissions of Counsel for the Administration and Counsel for Therese Vrablic, the Panel ordered the following:

I. Five (5) months of the eight (8) months full suspension shall be stayed;

II. Therese Vrablic shall serve a 90 day full suspension to expire on August 4, 2008;

III. The five (5) month stay may be added to any future penalty should Therese Vrablic have any future positive test for any Class I, Class II, TC0₂ or illegal drug;

IV. The 90 day penalty for the horse ANDERLECHT remains in place;

V. A fine of $3,000 shall be payable by Therese Vrablic.

DATED this 24^th day of July 2008.

BY ORDER OF THE COMMISSION

John L. Blakney

Executive Director

REASONS FOR DECISION

1. After carefully considering the testimony and reviewing the evidence, the Panel confirms the licensee, Therese Vrablic, is guilty of violating SB Rule 26.02.01 and 9.09. As per the agreed statement of facts (Exhibit 1) she did administer Polysporin that contained Lidocaine. This resulted in a positive test for the horse ANDERLECHT for the Class II drug, Lidocaine. This Commission takes very seriously its responsibilities, and views the use of inappropriate medication along with illegal medications as harmful to the health of the horse, and the integrity of the business of horse racing.

2. However, the Panel is of the view that there are, as the guidelines for penalties allow, mitigating circumstances in this case. The Panel, in taking this decision, wants to be very clear that financial implications, while they may be significant to an appellant, are not a consideration and cannot be for the Commission to fulfill its mandate under he Racing Commission Act.

3. Based on the mitigating circumstances of the appellant’s past record, (1^st offence no animus, an honest mistake given the challenges of discerning the Lidocaine content in 2 of the 5 over the counter Polysporin versions, i.e. Lidocaine presence in the children’s product) and her demonstrated concern for the health and welfare of the horse, the Panel makes the following ruling:

i. Stays the 5 months of the penalty to 90 days. Her penalty expires on August 4, 2008.

ii. Adds the remaining 5-month penalty to the future, at the discretion of the Director, should the licensee have a future positive test for any Class I, II, TCO₂ or illegal drug.

iii. The 90-day (owner responsibility) penalty for the horse ANDERLECHT remains.

iv. The $3,000 fine, as Mr. Todd argued, remains.

4. Ms. Vrablic admitted she is responsible. All trainers have a responsibility to guard against their horse having a positive test for any prohibited medication. The Panel accepts Ms. Vrablic’s honesty and sincerity in this matter and recognizes that there may be, as it believes this to be, the exception to the rule where in exercising its social responsibility under the Act, it can and should recognize honest-to-goodness mitigating circumstances.

DATED this 24^th day of July 2008.

Rod Seiling

Chair