RULING NUMBER COM SB 024/2014

COMMISSION HEARING TORONTO, ONTARIO – SEPTEMBER 5, 2014

NOTICE OF DECISION

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

AND IN THE MATTER OF THE APPEAL OF LYLE MACARTHUR

Lyle MacArthur, licence # B65306, appealed against Rulings Number SB 44235 and SB 44236.

Date of Hearing: September 5, 2014

ORC Panel: Elmer Buchanan, Chair Anthony Williams, Vice Chair Sandra Meyrick, Commissioner

Representative for the Appellant: Brian Tropea General Manager Ontario Harness Horse Association

Counsel for the Administration: Brendan Van Niejenhuis

Decision:

The Panel varied the penalty by staying the remaining15 days of the 60 days imposed.

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

DATED at Toronto this 10^th day of September 2014.

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 LYLE MACARTHUR:

Held Before:

Anthony Williams Panel Chair and Vice Chairman of the Commission

Elmer Buchanan Chairman of the Commission

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: LYLE MACARTHUR, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 5th day of September, 2014.

Appearances:

Brendan Van Niejenhuis, for the Ontario Racing Commission Administration

Brian Tropea, agent for Lyle MacArthur

Hearing continued ...

MR. CHAIRMAN: This is our ruling in the matter of Lyle MacArthur and the Ontario Racing Commission. Brendan Van Niejenhuis appears as litigation counsel for the Administration of the Ontario Racing Commission. Brian Tropea appears as the representative for Mr. Lyle MacArthur, standardbred licensee and appellant. Brian Tropea is the general manager of the Ontario Harness Horse Association. This is an appeal by standardbred licensee Lyle MacArthur against the decision of the standardbred track judges at Flamboro Downs on August the 1st of 2014. A horse with the delightful name of TWANG TWANG standardbred race horse tested positive for a TCO2 overage on 27, April, 2014 at Flamboro Downs. Seven sanctions ultimately fell upon the horse and the driver/trainer Mr. MacArthur. On May 7th, 2014 standardbred official ruling 45398 dated May 1, 2014 declared the horse ineligible to race for 90 days. The horse was also placed upon the judges' list. Standardbred ruling following the hearing before the judges 44235 imposed sanctions in relation to purse, fees and permission to transfer in addition to a 60 day full suspension of Mr. MacArthur and a $1,500.00 fine. Standardbred official ruling 44236 also imposed two years probation. We have received, as is the custom, very helpful materials from both parties. We have been presented with a joint position on what has been referred to as a soda positive and have been advised that there was an interaction between two permitted therapeutic substances which would appear to have been a causal factor in the overage. Mr. MacArthur has a career of 40 years in the racing industry with 6,000 starts. The joint submission in relation to penalty which has been proposed which involves a stay of 15 of the 60 days appears amply founded in the factual situation. We accept the joint submission. By my basic count it would appear that Mr. MacArthur has likely served 25 days of his 60 day suspension. Fifteen days of the remnant will be stayed. There will be no order as to costs. We would like to thank both counsel. We found the materials in relation to both factums of assistance and are intrigued by the approaches taken in the States of Michigan and Pennsylvania in relation to TCO2 and perhaps we will have an opportunity to review those in further detail and unfortunately at future hearings, not for Mr. MacArthur but future hearings, that are likely inevitable. Thanks very much. Is there anything else that either of the parties would seek that we do at this stage?

MR. TROPEA: I don't believe so.

MR. VAN NIEJENHUIS: I just wanted to say thank you for dealing with it so expeditiously and it is a pleasure appearing before you for the first time.

MR. CHAIRMAN: Well, you are welcome. I had brought my materials to help guide but they weren't needed. Thanks very much, Mr. Macdonald.

CERTIFIED CORRECT:_________________________________

RAYMOND P. MACDONALD, B.A., CVR Commissioner of Oaths