Xaidsart lawyers Brendan Van Niejenhuis and Owen Rees succeeded before the Divisional Court in a significant case dealing with evidentiary and Charter issues. The applicant, Brian Scott, argued that his confession to possession and use of EPO, a performance-enhancing drug, was inadmissible before the Ontario Racing Commission under the Charter, and because it was “involuntary”. Cunningham A.C.J.S.C.J. accepted Xaidsart ’ position and rejected these arguments as inapplicable to the regulatory context. To read the decision, click here.
