Commission Releases Rulings

Published: July 17, 2015 07:43 pm EDT

The Ontario Racing Commission (ORC) released details on Friday, July 17 regarding a handful of rulings involving Kelly Sheppard, Isabelle Darveau, Randy Waples, Anthony MacDonald, Dr. Chris Grossenbacher, Jeff Durham, Ron MacLean, Justin Robson and Ed Hayter.

Kelly Sheppard appealed against Ruling Numbers SB 44438, SB 44437, SB 46139 and SB 46140.

On January 28, 2015, a Panel of the Ontario Racing Commission was convened to complete the within appeals which had been commenced on April 22, 2014. At the end of the Hearing on January 28, 2015, oral Reasons for Decision were given and on February 11, 2015 further written Reasons for Decision issued from the Panel.

On June 10, 2015 counsel for parties granted intervenor status brought a motion for clarification and for variation and revision of the written Reasons for Decision dated February 11, 2015.

The Panel allowed the motion for clarification and variation or revision so that Sheppard’s entire suspension and all fines herein with respect to the two aminorex positive tests were set aside in their entirety and all fines eliminated. The Panel also ordered that their written Reasons for Decision dated February 11, 2015 be amended so that paragraph 21 of the Reasons for Decision would be amended as set out in the now amended Reasons for Decision attached to this Notice.

The Panel gave an oral decision at the Hearing.

The Panel’s Amended Reasons for Decision is attached to this Notice and the prior written Reasons for Decision dated February 11, 2015 is hereby withdrawn and rescinded.

Isabelle Darveau appealed against Ruling Number SB 45083 wherein she was charged for violation of Rule 17.17 of the Rules of Standardbred Racing.

The Panel denied the appeal and upheld the ruling of the Judges.

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

Randy Waples appealed Ruling Number SB 46634, wherein he was fined $200 for violation of Rule 22.03 (j) (vii) of the Rules of Standardbred Racing.

The Panel denied the appeal and upheld the ruling of the Judges.

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

Anthony MacDonald appealed against Rulings Number SB 46161 and SB46162, wherein he was charged for violation of Rules 9.09 (b), 26.02.01, 26.02.02 and 26.02.03 (c) of the Rules of Standardbred Racing.

Christoph Grossenbacher appealed against Ruling Number SB 46163, wherein he was charged for violation of Rule 8.11 (i) of the Rules of Standardbred Racing.

The Panel allowed the appeals and eliminated the suspension and fines.

As a result of the decision allowing the appeal for MacDonald, the original placing of the horse in the race will be restored and the purse distribution will be made pursuant to such placing.

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

In regard to appeals by Jeff Durham, Ron MacLean, Justin Robson and Ed Hayter, the appeals are allowed in part against penalty.

The Panel’s Reasons for Decision is attached to this Notice.

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