Ontario Racing Commission

TB

RULING NUMBER COM SB 021/2009

COMMISSION HEARING TORONTO, ONTARIO – AUGUST 17, 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

STANDARDBRED LICENSEE PHILLIP HUDON

Phillip Hudon (Hudon) is licensed as a Standardbred Driver/Trainer/Owner, licence Number R10216 by the Ontario Racing Commission.

On July 14, 2009, a follow-up test upon Hudon at Georgian Downs Raceway resulted in a positive.

On July 22, 2009, Hudon was suspended and referred to the Commission, pursuant to Standardbred Rule 36.08 (c) (ii) and pursuant to Ruling SB 103/2009.

On August 17, 2009, a Panel of the Ontario Racing Commission consisting of Chair Rod Seiling was convened to hear this matter.

Phillip Hudon appeared in person. Murray Neilson appeared as counsel for Hudon. Anthony Williams appeared as counsel for the Administration.

On hearing the allegations against Hudon and on hearing the admissions by Hudon to these allegations, and on reading the exhibits filed and on hearing Pamela Bray, investigator, called as a witness by the Administration and on hearing Phillip Hudon, the licensee and Joseph Hudon, the father of the licensee, called as a witness by counsel for the licensee, and upon hearing the submissions as to penalty by both counsel, the Commission ordered as follows:

The licence of Hudon is suspended for 6 months. This suspension is stayed immediately on the following conditions:

i. That he immediately enroll in a substance abuse program (the length of the program is to be determined by his program administrator);

ii. That he make arrangements at the program to provide monthly updates to the Administration of the Ontario Racing Commission;

iii. That he enter into a post violation agreement for a period of 18 months;

iv. That he participate fully in any recommended after-care program;

v. That he keep the peace and be of good order;

vi. That he undergo marriage counseling.

The transcript with the Panel’s Reasons for Decision is attached to this Ruling.

DATED this 24th day of August 2009.

BY ORDER OF THE COMMISSION __________________________________

John L. Blakney

Executive Director