RULING NUMBER COM SB 030/2013
COMMISSION HEARING TORONTO, ONTARIO – JUNE 20, 2013
NOTICE OF DECISION
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE CASSIE NANTAIS APPEAL
Cassie Nantais appealed against the Director’s Notice of Proposed Order to Suspend her licence
Date of Hearing: June 20, 2013
ORC Panel Members: Chair Rod Seiling
Counsel for the Administration: Jennifer Friedman
Counsel for the Appellant G. Dewar Lang
The Panel accepted the Agreed Statement of Facts and Joint Submission on Disposition.
A transcript with the Panel’s oral Reasons for Decision is attached to this Notice.
DATED at Toronto this day of 24th day of June 2013.
Steven Lehman
Executive Director
ONTARIO RACING COMMISSION
STANDARDBRED HEARING
IN THE MATTER OF THE RACING COMMISSION ACT, 2000, S.O. C.20 AND THE RULES OF STANDARDBRED RACING:
AND IN THE MATTER OF THE NOTICE OF PROPOSED ORDER TO SUSPEND THE LICENCE OF CASSIE L. NANTAIS
AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF CASSIE NANTAIS:
Held Before:
Rod Seiling Chairman
These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: CASSIE NANTAIS, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 20th day of June, 2013.
Appearances:
Jennifer Friedman,
for the Ontario Racing Commission Administration
Hearing continued ...
MS. FRIEDMAN: With respect to Exhibit number 3 being the agreed statement of fact and joint submission on disposition do you wish to accept this or ask that it be read into the record?
MR. CHAIRMAN: Why don’t we read it into the hearing because I have not seen it so I’ll be able to do one and the same and then it is on the record.
MS. FRIEDMAN: Okay.
“IN THE MATTER OF THE RACING COMMISSION ACT, 2000, S.O. 2000, c. 20
AND IN THE MATTER OF THE NOTICE OF PROPOSED ORDER TO SUSPEND THE LICENCE OF CASSIE L. NANTAIS
AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF CASSIE L. NANTAIS
AGREED STATEMENT OF FACTS
Counsel for the Administration of the Ontario Racing Commission ("ORC") and the Licensee, Cassie Nantais ("NANTAIS"), through her legal counsel, agree to the following facts:
Christopher R. Haskell (“HASKELL”) was licensed with the Ontario Racing Commission (“ORC”) as a Trainer/Owner (Licence #V23720). HASKELL’s licence expired on May 23, 2011.
NANTAIS was licensed with the ORC as a Groom and Owner (Licence #Y06240). NANTAIS’ licence expired on August 1, 2011. At all material times, NANTAIS groomed and owned horses which were trained by HASKELL and, further, HASKELL and NANTAIS were boyfriend and girlfriend.
Prior to the expiration of the licences of HASKELL and NANTAIS, on December 21, 2010, their licences were the subject of Immediate Suspension Orders of the Director of the ORC.
In or about the spring of 2010, further to information and allegations regarding HASKELL and EPO use, the ORC initiated an investigation. As part of the investigation, search warrants were executed and surveillance was conducted.
On August 17, 2010, surveillance on HASKELL revealed that HASKELL appeared to be injecting two horses in a trailer attached to his pick-up truck and, thereafter, disposed of something in a garbage can. A search of the garbage bin unearthed two used syringes. NANTAIS was sitting in the truck during this incident.
Surveillance was set-up at the ship-in barn at Windsor Raceway and revealed the involvement of NANTAIS on a number of occasions, including:
a) October 10, 2010:
Pre-race:
At 19:40, HASKELL entered stall #53 and gave the horse, “Hesoneinamillion”, intra-muscular right side and trachea injections. “Hesoneinamillion” is scheduled to participate in Race 9 with a scheduled post-time of 21:40.
“Hesoneinamillion” finished 1st in the race.
NANTAIS is a part owner of “Hesoneinamillion”
Post-race:
At 22:04, NANTAIS returned “Hesoneinamillion” to stall #53.
At 22:16, HASKELL entered stall #53 and injects “Hesoneinamillion” in the right side jugular vein.
b) October 17, 2010:
Pre-race:
At 19:42, HASKELL entered stall #51 and gave intra-muscular and trachea injections to the horse “Hesoneinamillion”.
At 20:37, NANTAIS entered the stall with a warm-up pad.
“Hesoneinamillion” is scheduled to participate in Race 10 with a scheduled post-time of 22:00.
“Hesoneinamillion” finished 9th in the race.
Post-race:
- At 21:53, NANTAIS returned “Hesoneinamillion” to stall #51. HASKELL entered the stall, went into the corner of the stall and out of view of the camera. The time notation on the video appears incorrect as 21:53 is before the scheduled post-time of 22:00.
c) October 19, 2010:
The horse, “Red Neck Style” participated in Race 3 with a scheduled post-time of 19:40.
“Red Neck Style” finished 1st in the race.
NANTAIS is a part owner of “Red Neck Style”
Post-race:
At 19:48, NANTAIS returned to stall #51 with the horse, “Red Neck Style”, for which she was a 50% owner.
At 19:49, HASKELL took the horse to the corner of the stall, and injected the left jugular vein. NANTAIS stood at the stall door during the injection.
d) October 26, 2010:
Pre-race:
At 20:01, HASKELL entered the stall and gave an intra-muscular injection in the left side of the neck of the horse “Ricky O Bay”. Thereafter, HASKELL watched for people to leave the shed row. NANTAIS entered the stall to remove the horse’s bandages and then stood at the stall door while HASKELL performed a trachea injection.
“Rick O Bay” participated in Race 10 with a scheduled post-time of 22:00, and finished 8th in the race
Post-race:
- At 22:24, HASKELL entered the stall and performed an injection in the left side jugular of the horse, “Ricky O Bay”.
e) October 27, 2010:
Pre-race:
At 16:51, HASKELL entered stall #51 and gave an injection in the left side of the neck of the horse, “Red Neck Style”.
“Red Neck Style” participated in the 1st race with a scheduled post-time of 19:00, and finished 4th in the race.
On November 7, 2010, Detective Sergeant Steve Schandlen interviewed NANTAIS.
On November 7, 2010, Criminal Code search warrants were executed. The search of the residence of HASKELL yielded a notebook comprised of 69 notations pertaining to administering Aranesp for the period January 2007 – August 2008.
Five of the horses that were owned in whole or in part by NANTAIS were the subject of Aranesp use as follows:
Horse
Owner
Trainer
Date of Aranesp Use
BJ’s BOOMERANG
NANTAIS
HASKELL
July 22, 2007
TRIPLE RV COPIOUS
NANTAIS
HASKELL
October 6, 2007
October 14, 2007
October 21, 2007
December 20, 2007
January 10, 2008
January 20, 2008
January 27, 2008
February 3, 2008
February 14, 2008
A THIEF IN THE NIGHT
NANTAIS
HASKELL
March 2, 2008
ADRIATIC
NANTAIS
HASKELL
July 16, 2008
July 26, 2008
August 21, 2008
ST LADS MAGNUM
NANTAIS
HASKELL
May 29, 2008
- On November 29, 2011, ORC Investigator Steve Rushton interviewed NANTAIS. During the course of her interview, NANTAIS indicated, among other things, the following:
a) She would employ the services of a veterinarian to treat any medical problems with horses at the track;
b) She paid a fine for HASKELL in July/2010;
c) HASKELL is her boyfriend, he trains her horses, and she works for him as a groom;
d) HASKELL compensates her for her grooming services by training her horses but no money exchanges hands;
e) She and HASKELL did not have a written owner-trainer agreement;
f) She had no knowledge of what HASKELL was injecting in the horses;
g) She had no knowledge of how HASKELL got the syringes into the backstretch;
h) She had no knowledge of where HASKELL got the medications;
i) Having syringes in the backstretch and injecting horses is an infraction of the Rules;
j) She was not aware that HASKELL was injecting her horses with Aranesp;
k) She never received bills for Aranesp;
l) She did not know where HASKELL got the Aranesp;
m) She did not discuss with HASKELL whether he had permission to inject her horses with Aranesp;
n) She did not discuss with HASKELL whether he had permission to perform pre- or post- race injections.
On May 23, 2012, the Director issued a Notice of Proposed Order to Suspend NANTAIS’ licence as a Groom and Owner for a period of two years (“NOP”).
NANTAIS appealed the NOP.
On October 4, 2012, a Notice of Hearing was issued to advise the parties that a Panel would be convening for the Hearing on November 6, 2012.
On October 19, 2012, counsel on behalf of NANTAIS requested an adjournment because his client would be out of the country and unable to attend the Hearing.
On January 28, 2013, a Notice of Hearing was issued to advise the parties that a Panel would be convening for the Hearing on March 27, 2012.
On March 5, 2013, a Notice of Hearing was issued to advise the parties that a Panel would be convening for the Hearing on May 27, 2012.
JOINT SUBMISSION ON DISPOSITION
Whereas NANTAIS was immediately suspended on December 21, 2010 and remains suspended;
And Whereas NANTAIS participated in conduct contrary to the Racing Commission Act (the “Act”) and the Rules of Standardbred Racing, including:
i) Provided misleading statements to an ORC Investigator;
ii) Possessed knowledge that HASKELL was engaging in prohibited activities on and off the grounds of a racing association in relation to racehorses;
iii) Notwithstanding her knowledge regarding HASKELL, she permitted HASKELL to inject her horses with Clenbuterol and Epinephrine.
Counsel for the Administration of the ORC, and NANTAIS, who has been advised by her legal counsel, submit that the following disposition is appropriate in these circumstances:
NANTAIS is suspended for a period of twenty-nine months, less time served (December 21, 2010 to present). Her suspension shall conclude on May 23, 2013, at which time she may submit an Application for a new ORC licence, pursuant to section 17 of the Act.
NANTAIS may be licensed as a Groom for a period of two years on the following conditions:
a) Due diligence report satisfactory to the Deputy Director;
b) NANTAIS shall not act as a self-employed Groom;
c) NANTAIS shall obtain approval from the ORC in connection with her prospective employment as a Groom;
d) Should any of NANTAIS’ horses have a positive test or be involved with a medication violation, these infractions may be considered in relation to subsequent licence applications;
e) NANTAIS shall keep the peace and be of good behaviour.”
This document was signed by Ms. Nantais, Mr. Laing on behalf of Ms. Nantais and myself as counsel for the Administration of the ORC on May 22nd, 2013.
MR. CHAIRMAN: So I will accept the agreed statement of facts and joint submission and it is so ordered.
CERTIFIED CORRECT_________________________________
RAYMOND P. MACDONALD, B.A., CVR
Commissioner of Oaths