RULING NUMBER COM QH 004/2009
COMMISSION HEARING TORONTO, ONTARIO – AUGUST 27, 2009
IN THE MATTER OF THE RACING COMMISSION ACT S.O. 2000, c.20;
AND IN THE MATTER IN THE APPEAL AND REQUEST FOR HEARING OF QUARTER HORSE LICENSEE RENE HUNDERUP
On august 22, 2009, LADY PAGRANA, a quarter horse, was observed by an official veterinarian in the detention barn, to have been bleeding following a race at Ajax Downs.
The horse was placed on the Bleeder List, pursuant to Rule 36.05.05 of the Rules of Quarter Horse Racing.
On August 23, 2009, the track stewards issued Ruling Number QH 6027/2009 which declared the horse ineligible to race in the Province of Ontario for 14 days, August 23, 2009 through September 5, 2009.
On August 25, 2009, Rene A. Hunderup, Chief Executive Officer of Heste Sport Inc., the owner, filed an appeal against the declaration of ineligibility.
On August 27, 2009, a Panel of the Ontario Racing Commission (ORC), comprised of Chair Rod Seiling, Vice Chair James Donnelly and Commissioner Brenda Walker, convened to hear this appeal.
Rene Hunderup appeared in person. Rene A. Hunderup was self-represented. Anthony Williams appeared as counsel for the Administration of the ORC.
Upon considering the exhibits filed, appraising the evidence of Fenton Platts, Steward, and upon hearing closing submissions, the Panel denied the appeal.
The transcript with the Panel’s Reasons for Decision is attached to this Ruling.
DATED this 9^th^ day of September 2009.
BY ORDER OF THE COMMISSION
John L. Blakney Executive Director
ONTARIO RACING COMMISSION
QUARTER HORSE HEARING
IN THE MATTER OF QUARTER HORSE LICENSEE RENE HUNDERUP
AND IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING BY RENE HUNDERUP
Held Before: Rod Seiling, Chairman James Donnelly, Vice Chair Brenda Walker, Commissioner
These are an excerpt of a motion in the above mentioned matter held before The Ontario Racing Commission, Re: RENE HUNDERUP, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 27th day of August, 2009.
Appearances: Anthony Williams, for the Ontario Racing Commission Administration
Hearing continued ...
MR. CHAIRMAN: All rise. Please be seated. After carefully listening to the testimony and the submissions and reviewing the evidence the panel denies the appeal. There is not lasix PIP program at Ajax Downs, therefore, one must refer to Rule 36.05.05. In that regard the evidence is clear, the horse goes on the bleeders list. As per the Interpretation Act of Canada the ineligibility period should not include the day in question. The stewards as per Mr. Platts' testimony had been following that interpretation. There is no written directive as to the consequences of being on the bleeders list, however, we accept Steward Platts' testimony that there is an established protocol to accommodate the healing period. The accepted fourteen day healing period has been established by the veterinary professionals. These rules are currently under well deserved review and the panel urges the Administration to act promptly in this regard. Any questions?
MR. WILLIAMS: No.
MR. HUNDERUP: No, thank you.
MR. CHAIRMAN: Thank you.
MR. HUNDERUP: Thank you.
CERTIFIED CORRECT:____________________________
RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths