RULING NUMBER COM SB 054/2013

COMMISSION HEARING TORONTO, ONTARIO – DECEMBER 10, 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 THOMAS DURAND

Thomas Durand (“Durand“), Licence No. B7684, appealed against Ruling Number SB 45915.

Date of Hearing: December 10, 2013

ORC Panel Member: Commissioner John W. Macdonald

Representative for the Appellant: Self represented

Agent for the Administration: Craig Walker

The Panel allowed Durand’s request to withdraw the appeal.

A transcript with the Panel’s oral Reasons for Decision is attached to this Notice.

DATED at Toronto this 13^th day of December 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 AN APPEAL AND REQUEST FOR HEARING OF THOMAS DURAND:

Held Before:

John Macdonald Chairman

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: THOMAS DURAND, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 10th day of December, 2013.

Appearances:

Craig Walker,

agent for the Ontario Racing Commission Administration

Hearing continued ...

MR. CHAIRMAN: Thank you. I did read those and you were quite accurate in your comment that we have had a few occasions for this. I don't know of the top of my head where the horse finished in that race.

MR. WALKER: Third.

MR. CHAIRMAN: Third? But the horse was obviously picked at random and this was not the first time that drivers, trainers and grooms haven't heard the request to go to the test barn. I'm a little concerned. Last when we had one of these I used my discretion and reduced the fine. I don't know whether this matter has been resolved but my understanding, Mr. Durand, is the security guard usually was aware of what was happening and he would notify the groom or the trainer, whoever had the horse at the time, after they came off the track so that there is a little bit of a gap there but it is the obligation though of the trainer to pay attention and be ready to go to the test barn if necessary and the idea of course is to get the horse to the test barn as soon as possible so that there isn't any opportunity of anything else happening to the horse where it might affect the test in any way. I don't know what chemical differences that it could possibly make. It would be pretty rare especially with in most of these cases would seem to be those that it is a very short period of time and I'm guessing that was the situation here from what I read. Anyhow, thank you for the withdrawal and now we can go off the record.

CERTIFIED CORRECT:_______________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths