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Automatic, without discussion. Question one, in Canada, does the horse get suspended as well? If so, would he therefore not have been eligible to drop in the box for the Meadowlands Pace? Also, purse from from the Pace elimination?Question two.....is the horse suspended now?My take is, the new owner should get the biggest, baddest law firm and sue Fillion, Moreau, and anyone else involved. I don't know if this is fraud, misrepresentation, or what. I can't fathom there being no grounds for a lawsuit. What could be a major issue is what tests did the buyer do when buying/vetting the horse? This is going to get hairy.
Do you actually have to spend time thinking up this BS or does it just come to you naturally? Be careful, the monster is either in your closet or under your bed.
I think they have a strong civil case. You only need a balance of probabilities to award damages. A case can be made for tortious interference. There was a clear attempt to alter the value of the horse by injecting it with peds. Fraud was committed hence damages occurred. They have two samples test positive by the regulating body of Canada (CPMA).The plaintiff must establish facts from which the judge or jury may reasonably draw the inference that the wrongful act of the defendant was the probable cause of injury. The burden of proof is whether on a balance of probabilities the defendant constituted the cause of the plaintiff's injury.I think the case meets all conditions. Caveat Emptor (Buyer Beware only stands if there is no malice or ill-will(wrongful action , done intentionally) by the party .
So, I get the buyer beware thing. Is a feasible defense, they could have tested for EPO and they chose not to? Or is that not valid because the drug is illegal, so was their act, it was intentional, and wrongful action? Thanks.
Moreau runs a big operation, he is a sharp guy....find it hard to believe he is anything more than 'the trainer of record'Bayama Farm and Yve Filion made a big score............ ....figure it out kidsMoreau had more to lose than he had to gain
One of the few guys here who actually gets what occurred.Kudos.
As of yesterday, Moreau is outta business, for sure Gural will suspend him, as in the case of a lawsuit, I'm sure they did their due diligence before transferring $1million, suing in Canada isn't the same as in US, the courts are not in favor of awarding $$ to high risk investors.. but I'm sure they (Pollock) will try their best.!!
Armchair and internet experts making claims and stirring sh!t. Nothing more, nothing less. Move on.