Ontario

Racing

Commission

TB

RULING NUMBER COM SB 032/2009

COMMISSION HEARING TORONTO, ONTARIO – OCTOBER 5, 2009

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

AND IN THE MATTER IN AN APPEAL AND REQUEST FOR HEARING

OF JAMIE K. DOIG

On June 11, 2009, the horse, MIABEACHGIRL (tattoo #ZI684), trained by Jamie K. Doig (“DOIG”), finished 1^st in the 9^th race at Hiawatha Horse Park. Following the race, the Judges at Hiawatha Horse Park (the “Judges”) selected MIABEACHGIRL to provide blood samples for testing.

On June 20, 2009, the Judges received a Certificate of Positive Analysis in relation to the samples taken from MIABEACHGIRL with a positive for the Class II drug, Reserpine.

On July 1, 2009, further to a Hearing, the Judges issued Standardbred Official Ruling SB 40511 wherein a 6 month full suspension (July 3, 2009 to January 2, 2010 inclusive) and a fine of $3,000 were imposed upon DOIG for violating Rules 9.09(b), 26.02.01, 26.02.02, and 26.02.03(c) of the Rules of Standardbred Racing (the “Rules”) as a consequence of a Class II positive. Rules 6.14, 9.13, 18.08.01 and 26.08 of the Rules were also listed in the Ruling. In addition, the Judges issued Standardbred Official Ruling SB 40512 to DOIG wherein, pursuant to Policy Directive No. 3-2008, conditions are to be placed on DOIG’s licence upon reinstatement for a two year probationary period (January 3, 2010 to January 2, 2012).

On July 2, 2009, DOIG filed a Notice of Appeal.

On July 5, 2009, DOIG requested a stay of his penalties.

On July 6, 2009, the Executive Director of the Ontario Racing Commission (“ORC”) issued Ruling Number S.B. 88/2009 wherein he denied DOIG a stay of Standardbred Official Rulings SB 40511 and 40512.

On October 5, 2009, a Panel of the ORC, comprised of Vice Chair Hon. James M. Donnelly, Commissioner Pamela Frostad and Commissioner Brenda Walker, was convened to hear the appeal.

Jennifer Friedman appeared as counsel for the Administration. DOIG appeared on his own behalf.

Upon hearing the testimony of ORC Judge Paul Dyson and DOIG, reviewing the exhibits filed, and upon hearing the closing submissions, the Panel upheld the Rulings but varied the penalties as follows:

i) The unexpired portion of the full suspension which we calculate to be two months and 26 days will be stayed;

ii) In the event of a subsequent Class I or Class II or TCO₂ violation that unexpired portion may be added to the penalty;

iii) The provision for two years probation remains upon the same terms but the commencement date is changed to October 5th, 2009;

iv) The fine is reduced to $1,500.00.

The transcript with the Panel’s Oral Decision, with written reasons to follow, is attached to this Ruling.

DATED at Toronto this 16^th day of October 2009.

BY ORDER OF THE COMMISSION

John L. Blakney

Executive Director

ONTARIO RACING COMMISSION

STANDARDBRED HEARING

IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF JAMIE DOIG

Held Before:

James Donnelly, Vice-Chairman

Brenda Walker, Commissioner

Pamela Frostad, Commissioner

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: JAMIE DOIG, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 5th day of October, 2009.

Appearances:

Jennifer Friedman,

for the Ontario Racing Commission Administration

Hearing continued ...

MR. CHAIRMAN: All rise please. Please be seated. The decision will be supported by written reasons to be delivered shortly but for the moment the decision is as follows:

The unexpired portion of the full suspension which we calculate to be two months and 26 days will be stayed. In the event of a subsequent Class 1 or Class 2 or TCO2 violation that unexpired portion may be added to the penalty. The provision for two years probation remains upon the same terms but the commencement date is changed to October the 5th, 2009. The fine is reduced to $1,500.00. Payment time to be arranged with the Administration. Thank you very much.

MR. DOIG: Thank you.

MS. FRIEDMAN: Thank you.

MR. CHAIRMAN: No questions? All right.

CERTIFIED CORRECT:____________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths