Colin Johnson v. Administration, 2015 CanLII 21608

RULING NUMBER COM SB 007/2015

COMMISSION HEARING TORONTO, ONTARIO – APRIL 23, 2015

NOTICE OF DECISION

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

AND IN THE MATTER OF THE APPEAL BY COLIN JOHNSON

On March 2, 2015, the horse racing Judges at Woodbine, denied trainer transfer applications for six racehorses. Colin Johnson appealed against this decision.

Date of Hearing: April 23, 2015

ORC Panel: Elmer Buchanan, Chair Anthony Williams, Vice Chair

Counsel for the Appellant: Larry Todd

Counsel for the Administration: Catalin Tripon

The Issue:

Q. (i) Did the horse racing Judges have the power and authority to deny the trainer transfer applications pursuant to Rule 26.08 of the Rules of Standardbred Racing, in these circumstances?

A. (i) No, not in these circumstances.

(a) The power and authority of the Judges to deny a trainer transfer application is found in Rule 26.08 of the Rules of Standardbred Racing.

(b) Two conditions precedent must co-exist before the Judges may employ this Rule:

1. the “trainer” must be “suspended”; and

2. the “horse” must be “trained by him” or “under his care”.

(c) The Judges were not empowered to use this Rule because both of these essential requirements were not in existence at the same time.

Decision:

(i) The Appeal is allowed;

(ii) The denials of the trainer transfer applications are set aside; and

(iii) The trainer transfer applications, if requested by the Appellant, are approved for the following six horses: