Ontario Racing Commission
RULING NUMBER COM SB 018/2010
COMMISSION HEARING TORONTO, ONTARIO – APRIL 13, 2010
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 CHRIS CHRISTOFOROU
Chris Christoforou (“Christoforou”), is licensed by the Ontario Racing Commission (“ORC”), as an Owner/Driver for Standardbred race horses, Licence #M05985.
A random saliva test taken on June 29, 2009 at 7:40 p.m. from Christoforou was verified as an Oxycodone positive on July 13, 2009.
On July 14, 2009, Standardbred Ruling Number SB 97/2009 against Christoforou ordered
(i) a $500 fine; and
(ii) a 15-day suspension;
(July 13, 2009 to July 28, 2009 inclusive);
On July 21, 2009, Standardbred Ruling Number SB 101/2009 ordered the reinstatement of the licenses of Christoforou.
On January 22, 2010, Christoforou entered into a Post-Violation Agreement with the ORC.
A follow-up saliva sample taken from Christoforou on January 30, 2010 at 18:35 hours, in accordance with the Post-Violation Agreement, was verified as an Oxycodone positive on February 5, 2010.
On February 9, 2010, Standardbred Ruling Number SB 35/2010 ordered that Christoforou
(i) is suspended from performing the duties for which he is licensed; and
(ii) is referred to the Commission, pursuant to Rule 36.08 (c) (ii) of the Rules of Standardbred Racing as a subsequent offender.
A Return to Duty urine sample taken from Christoforou on March 24, 2010 was verified as negative on March 30, 2010.
On March 24, 2010, Christoforou made Application for a Reinstatement Hearing.
On March 31, 2010, a Notice of Hearing was issued for April 13, 2010, at 1:00 p.m., before a panel of the ORC.
On Tuesday, April 13, 2010, a Panel of the ORC, consisting of the Chair, Rod Seiling, was convened to hear this matter.
Christoforou appeared in person. Christoforou was represented by Murray Neilsen as counsel. Anthony Williams appeared as counsel for the Administration.
Upon hearing the allegations against Christoforou, and upon hearing the admissions by counsel on behalf of Christoforou to these allegations, and upon reading the exhibits filed, and upon hearing the submissions of both counsel, the Commission found as follows:
(i) that Christoforou violated Rule 36.08 (c) (ii) of the Rules of Standardbred Racing (“subsequent offence”) in that his follow-up saliva sample taken on January 30, 2010, tested positive for Oxycodone; and
(ii) that Christoforou violated mandatory condition (vi) (“no further violations: - commit no further violations of the Alcohol and Drug Policy”), of his January 22, 2010 Post-Violation Agreement.
In view of the circumstances surrounding these violations, including a suspension of 63 days (a suspension that has already been served) and a recognition by Christoforou of his substance abuse problem, and his successful completion of a 45-day inpatient drug rehabilitation program, the Commission ordered as follows:
(i) that Christoforou is eligible for the reinstatement of his licenses upon condition that he enroll in a suitable after-care program approved by the ORC;
(ii) that Christoforou enter into a Post-Violation Agreement with the ORC, for the period of 12 months (from April 15, 2010 to April 14, 2011, both dates included);
(iii) that Christoforou is placed on probation for a period of 24 months (from April 13, 2010 to April 12, 2012, both dates included); and
(iv) that a further violation of the Human Drug Control Program of the ORC will result in:
(a) the suspension of the licenses of Christoforou; and
(b) the referral of Christoforou to the Director.
The Transcript with the Panel’s Reasons for Decision is attached to this Ruling.
DATED this 15th day of April 2010.
BY ORDER OF THE COMMISSION
Rob McKinney
Acting Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF
CHRIS CHRISTOFOROU
Held Before:
Rod Seiling, Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: CHRIS CHRISTOFOROU, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 13th day of April, 2010.
Appearances:
Anthony Williams, for the Ontario Racing Commission Administration
J. Murray Neilson, Q.C. for Chris Christoforou
Hearing continued ...
MR. CHAIRMAN: All rise please. Please be seated. After carefully reviewing the testimony and the evidence the panel rules that Mr. Christoforou will be eligible to be relicensed, to get his license back. It is on the following conditions. One, he must enroll in a suitable after care program and Ms. Bray and Mr. Williams will help you deal with Jeremy Locke who looks after these things and Ms. Moretti who is in the back can put you in contact right away and I don't see this as an impairment to you getting your license very shortly. It is more of a formality but again it is more to ensure that you continue to be on the straight and narrow and I commend you for what you have done so far. You must also enter into a post-violation agreement with the Commission and you will be put on probation for 24 months. If at any time you have a violation of the Human Drug Control Program you will be automatically suspended and referred to the Director and I want to wish you well, Mr. Christoforou. I do want to remind you that this is your third chance and I will just refer you to the baseball analogy of three strikes but I know you won't be back here so good luck with your career.
MR. CHRISTOFOROU: Thank you, sir.
MR. CHAIRMAN: Any questions?
MR. WILLIAMS: No, sir. Thank you.
MR. CHAIRMAN: Thank you. We are adjourned.
CERTIFIED CORRECT:_________________________________
RAYMOND P. MACDONALD, B