RULING NUMBER COM SB 012/2014
COMMISSION HEARING TORONTO, ONTARIO – APRIL 25 & MAY 22, 2014
NOTICE OF DECISION
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF
MICHAEL J. WASSILYN
Michael J. Wassilyn, licence # E12780 appealed against Ruling Numbers SB 46125 and SB 46104.
Date of Hearings: April 25, 2014 & May 22, 2014
ORC Panel Members: Elmer Buchanan, Chair
Anthony Williams, Vice Chair
Anne Walker, Commissioner
Representative for Appellant: Self represented
Counsel for the Administration: Jennifer Friedman
The Panel directed that an “Order is to go as set out in the Joint Submission on Disposition in Exhibit Number 7.”
The Agreed Statement of Facts and Joint Submission on Disposition are attached to this Notice.
DATED at Toronto this 27th day of May 2014.
Steven Lehman
Executive Director
IN THE MATTER OF THE RACING COMMISSION ACT, S.O. 2000, c.20;
AND IN THE MATTER OF THE APPEAL AND REQUEST FOR HEARING OF
MICHAEL J. WASSILYN
AGREED STATEMENT OF FACTS
Counsel for the Administration of the Ontario Racing Commission ("ORC") and Michael J.
Wassilyn ("WASSILYN"), who has been advised of his right to legal counsel and waives said
right, agree to the following facts in relation to Ruling Numbers SB 46125 and 46104:
- WASSILYN was licensed (licence #E12780) with the ORC as a Driver, Trainer, and
Owner.
- On January 19, 2013, the horse, Redemption Is Near, participated in the 5th race at
Flamboro Downs and finished fourth. At all material times, WASSILYN was the owner
and trainer of Redemption is Near.
- Following the race, the Judges at Flamboro Downs selected Redemption Is Near to
provide blood samples for testing. The samples were collected, sealed (Racing
Forensics test tag #331301909), initialed, and sent to Racing Forensics for analysis.
- On January 21, 2013, Racing Forensics issued a Certificate of TC02 Analysis in relation
to test tag #331301909 with a confirmed TC02 test result of 38.2 millimoles per litre of
blood (non-EIPH program).
- Pursuant to Rule 22.38(a) of the Rules of Standardbred Racing ("SB Rules"), an
excess level of total carbon dioxide (TC02) of thirty-seven (37) or more millimoles per
litre of blood for non-EIPH horses is deemed to be adverse to the best interests of
harness racing, and adverse to the best interests of the horse in that such condition
alters its normal physiological state.
- According to Rule 22.38.06 of SB Rules, a reading of 38.2 millimoles per litre of blood
shall be penalized in accordance with Policy Directive No. 1 2008: Guidelines -
Penalties for Equine Drug, TC02 and Non-Therapeutic Drug Offences;
- Pursuant to Guideline 6 of Policy Directive No. 1 2008: Guidelines - Penalties for Equine
Drug, TC02 and Non-Therapeutic Drug offences, TC02 is considered a class Ill drug.
- On January 26, 2013, the Judges issued Standardbred Official Ruling No. SB 45171
wherein Redemption is Near was rendered ineligible to race for a period of ninety (90)
days.
Following the notification of the positive TC02 test, an ORC investigation commenced.
On January 26, 2013, Investigator Waithe attended at WASSILYN's stable for the
purposes of performing a Directive 5 Search. All was found to be in order.
- On October 30, 2013, the Judges at Flamboro Downs held a positive test hearing with
WASSILYN.
- On October 30, 2013, further to the Hearing, the Judges issued Standardbred Official
Rulings SB 46125 and 46104 wherein a forty-five (45) day full suspension (November 1
to December 15, 2013). a fine of $2.500, and a two (2) year probation (December 16,
2013 to December 15, 2015) were imposed upon WASSILYN for violating Rules
22.38.06, 23.38(a), 26.02.01. and 26.02.03(d) of SB Rules as a consequence of the
TC02 positive test.
On November 6, 2013, WASSILYN filed a Notice of Appeal. He did not request a stay.
On December 17, 2013, a Pre-Hearing was convened before Commissioner John
MacDonald. At the Pre-Hearing. WASSILYN requested that the Hearing be scheduled
after March 21, 2014.
Subsequent to the Pre-Hearing, WASSILYN requested a stay.
The Administration of the ORC made repeated efforts to schedule a Hearing date.
On January 10. 2014. the Deputy Director issued Ruling Number SB 1/2014 wherein
WASSILYN was denied a stay.
- On March 10, 2014, a Notice of Hearing was issued to inform the parties that a Panel of
the ORC would be convening on April 25, 2014 for the purposes of hearing WASSILYN's
appeal.
JOINT SUBMISSION ON
DISPOSITION
Counsel for the Administration of the ORC and WASSILYN, who has been advised of his right
to legal counsel and waives said right. submit that the following disposition is appropriate in
these circumstances:
- WASSILYN breached Rules 22.38(a), 22.38.06, 26.02.01, 26.02.02. and
26.02.03(d) of SB Rules;
2} WASSILYN shall serve a forty-five (45) day suspension, less forty-five days
already served (November 1 to December 15, 2013);
WASSILYN is fined in the amount of $2,500;
$1000 of the fine shall be the subject of an immediate stay;
WASSILYN shall pay $1500 to the ORC upon an ORC Renewal;
WASSILYN is placed on probation for two (2) years with the following conditions:
i) WASSILYN shall keep the peace and be of good behaviour;
ii) WASSILYN shall allow ORC investigators access to his stabling area at
any time to conduct unannounced random searches for illegal or non-
therapeutic medications or drugs;
iii) WASSILYN shall allow ORC investigators to seize any illegal or non-
therapeutic medications or drugs found at his area;
iv) WASSILYN shall be subject to the ORC Out of Competition Program;
v) Should WASSILYN be responsible for another positive test or a
medication related infraction during the course of his probationary period, the
stay of his fine shall automatically expire and be payable immediately;
vi) WASSILYN may be subject to a Notice of Proposed Order in addition to
any penalty imposed by the ORC Judges for any breach of the terms of his
licence.
Respectfully submitted this 28th day of April, 2014
Original signed by Michael J. Wassilyn
Michael J. Wassilyn
Original signed by Jennifer Friedman
Jennifer Friedman
Counsel for the Administration of the ORC