On Tuesday, July, 28, the Ontario Racing Commission released a ruling in regard to an appeal by horseman Mike Vanderkemp which had to do with the horses Trueys Legacy and Up Front Hotsey

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On June 28, Trueys Legacy and Up Front Hotsey were deemed ineligible to race after having produced positive tests for the Class 3 drug Trenbolone while competing in the United States in mid-April while under the care of another trainer. Each horse had raced in Canada and the U.S. since the positive test results.

On July 8, 2009, Gerald Sternberg, counsel on behalf of Vanderkemp, filed a notice of appeal in regard to the redistribution of purse money and driver/trainer fees from the horses' subsequent races in Canada. Sternberg requested a stay of the orders pending the disposition of the appeal and the scheduling of an emergency hearing.

The ORC panel ruled that:

• i) Under Rule 1.07, the owner by having the horse entered in ORC regulated events is bound by ORC rules.
• ii) Rule 11.10.02 rendered the horses ineligible.
• iii) Rule 18.08.01 requires redistribution of the purse.
• iv) The four rulings by the Judges are confirmed. The disqualifications as referenced therein are verified. As a matter of course Rule 18.08.01 must be applied. Hence, the return of purse money with redistribution as ordered by the Judges is confirmed.

To view an official ORC copy of the ruling, with includes the reasons for decision, click here.

(With files from the ORC)