Katerina Vassilieva, 2013 CanLII 64071

RULING NUMBER COM TB 020/2013

COMMISSION HEARING TORONTO, ONTARIO – OCTOBER 2, 2013

NOTICE OF DECISION

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

AND IN THE MATTER OF THE APPEAL OF KATERINA VASSILIEVA

Katerina Vassilieva appealed against Ruling Numbers TB 8257/2013 and TB ADMIN 39/2013.

Date of Hearing: October 2, 2013

ORC Panel Member: Vice Chair Anthony Williams

Counsel for Appellant: Harvey A. Swartz

Counsel for the Administration: Jennifer Friedman

The Appeals against the Rulings were withdrawn.

The Appeal against Penalty was allowed in part, on consent.

The Panel’s Reasons for Decision is attached to this Notice.

DATED at Toronto, Ontario, this 9th day of October 2013.

Steven Lehman

Executive Director

REASONS FOR DECISION

Overview

1Katerina Vassilieva (“Vassilieva”), was the trainer for a racehorse which tested positive for Acepromazine.

2A panel of track judges (“judges”) found Vassilieva guilty of an offence contrary to the Rules of Thoroughbred Racing (“TB Rules”) 15.06.01 (a).

3The penalty imposed inter alia was a fine of $1,500, 60 days full suspension and two years probation upon conditions.

4Vassilieva appealed against this decision and against the denial of her stay application to the Ontario Racing Commission (“ORC”).

5A panel of the ORC, consisting of Vice Chair Anthony Williams, was convened to hear the appeal.

The Hearing

6A “trial de novo” or new trial was heard by this panel on October 2, 2013.

7Harvey A. Swartz represented Vassilieva as counsel.

8Jennifer Friedman represented the Administration of the ORC (the “Administration”), as counsel.

9On consent, counsel filed an “Agreed Statement of Facts and Joint Submission on Disposition”.

10The Agreed Statement of Facts was as follows:

AGREED STATEMENT OF FACTS

“Counsel for the Administration of the Ontario Racing Commission (“ORC”) and ORC Licensee, Katerina Vassilieva (“KAT”), who has been advised by her counsel, agree to the following facts in relation to Ruling Number TB 8257/13:

1. KAT is licensed by the ORC as an Owner and Trainer. KAT was first licensed as an owner in 2007, and a trainer in 2011.

2. On June 22, 2013, the horse, Days Ride, participated in the 1st race at Woodbine and finished 2nd.

3. At all material times, KAT was the trainer of Days Ride.

4. Following the race, Days Ride was sent to the test barn. A sample was taken, sealed with tag #73 13173 305, and sent to Maxxam Laboratories for analysis.

5. On July 2, 2013, a Certificate of Positive Analysis of an Official Sample reported a positive for the class III drug, Acepromazine.

6. On September 18, 2013, the Stewards held a Hearing.

7. On September 21, 2013, the Stewards issued Ruling Number TB 8257/13 wherein KAT was subject to a sixty (60) day suspension, one thousand five hundred dollar ($1,500) fine, and a two (2) year probation as a consequence of the positive test for Days Ride, pursuant to Rule 15.06.03(c) of the Rules of Thoroughbred Racing.”

11The Joint Submission on Disposition was as follows:

JOINT SUBMISSION ON DISPOSITION

“Whereas KAT has no prior adverse ORC record;

Whereas KAT has been cooperative and forthright during the investigative process;

Counsel for the Administration of the ORC and KAT, who has been advised by her counsel, submit that the following disposition is appropriate in these circumstances:

1. KAT breached TB Rule 15.06.01(a) of the Rules of Thoroughbred Racing;

2. KAT is suspended for a period of sixty (60) days;

3. Twenty (20) days of the suspension shall be the subject of an immediate stay;

4. KAT shall serve a forty (40) day suspension, less time already served;

5. KAT is fined in the amount of one thousand five hundred dollars ($1,500), which fine is payable to the ORC forthwith;

6. KAT is placed on probation for two years with the following conditions:

i) KAT shall keep the peace and be of good behaviour;

ii) KAT shall allow ORC investigators access to her stabling area at any time to conduct unannounced random searches for illegal or non-therapeutic medications or drugs;

iii) KAT shall allow ORC investigators to seize any illegal or non-therapeutic medications or drugs found at her area;

iv) KAT shall be subject to the ORC Out of Competition Program;

v) Should KAT be responsible for another positive test during the course of her probationary period, the stay of her suspension shall automatically expire;

vi) KAT may be subject to a Notice of Proposed Order in addition to any penalty imposed by the ORC Stewards for any breach of the terms of her licence.”

12The Joint Submission on Disposition was accepted by the Panel.

13The Ruling on this Appeal by Katerina Vassilieva is as set out in the Joint Submission on Disposition.