Aaron Dantowitz

The appellant, a thoroughbred jockey, appealed the penalty imposed by the Stewards for assaulting another licensee with a weapon in the jockeys' quarters.

The original penalty was a 60-day suspension and a $5,000 fine.

The Ontario Racing Commission allowed the appeal as to penalty, substituting a $2,500 fine and a 5-day suspension, which was stayed for 6 months on the condition of no similar altercations.

The appellant, a standardbred owner/driver/trainer, appealed a 75-day suspension and $1,000 fine imposed after his horse tested positive for Class 4 drugs.

The Ontario Racing Commission denied the appeal, noting the appellant's history of medication-related infractions and emphasizing the need for deterrence and strict adherence to medication handling policies.

Thoroughbred jockey Constant Montpellier appealed a Stewards' Ruling suspending him for 150 days and fining him $5,000 for a premeditated attempt to endanger other riders following a race.

The Ontario Racing Commission panel found him guilty of violating the Rules of Thoroughbred Racing, noting he willfully sought revenge against another jockey and endangered the safety of riders and horses.

The panel denied the appeal as to liability but varied the penalty to a $2,500 fine, a 60-day suspension (with 20 days stayed), and directed him to seek an anger management assessment.

The appellant, a standardbred owner/trainer, appealed a ruling suspending him for 180 days and fining him $5,000 after his horse tested positive for Phenylpropolamine.

The appellant argued the horse must have come into contact with the drug while in the retention barn.

The Ontario Racing Commission dismissed the appeal, finding that the trainer is strictly liable for the condition of the horse and that the evidence did not establish that the horse was contaminated in the retention barn.

The appellant horse trainer appealed a ruling that found him in violation of the Rules of Standardbred Racing after his horse tested positive for elevated TCO2 levels.

The appellant argued that the test was invalid because the blood sample was taken 28 minutes prior to the race, outside the 20-minute window prescribed by the rules.

The Commission dismissed the appeal, accepting expert evidence that taking the sample further from race time actually benefited the horseman.

The panel concluded that the elevated TCO2 level could only result from human interference and upheld the violation.

The appellant, a standardbred owner/driver/trainer, appealed a judges' ruling that suspended him for 60 days and fined him $1,000 for possessing controlled diuretics (Sodium Edecrin and Furosemide) without a prescription at a racetrack.

The Administration presented evidence that the drugs could be used to mask other substances in both human and equine drug testing programs.

The panel rejected the appellant's explanation that the drugs were for personal use to treat gout, drawing an adverse inference from his failure to testify.

The appeal was dismissed and the original penalty was upheld.

The appellant, a standardbred owner/driver/trainer, appealed a decision placing his horse fourth for causing interference while off stride.

The appellant argued the break was caused by another driver's whip striking his horse in the face.

The Ontario Racing Commission dismissed the appeal, finding that while it was possible the horse was struck, the video evidence did not establish on a balance of probabilities that the whip hit the horse.

The appellant, a thoroughbred trainer, appealed a Stewards' ruling suspending him for 15 days and fining him $1,000 after his horse tested positive for Flunixin (Banamine).

The Ontario Racing Commission found that while the positive test was proven, the appellant established that he exercised all reasonable due diligence in protecting his horse.

The evidence showed he maintained strict control over medications and it was not standard practice to require trainers to install private security cameras.

The appeal was allowed, though the horse's disqualification from the race remained.

The appellants requested a hearing to determine the eligibility of their horse, CANYON WIND, to participate in the Breeders Crown No. 17 after missing the supplemental declaration deadline.

The Chair found that the entry did not comply with the Hambletonian Society's requirements, as the decision to enter was made at the last minute and the deadline was missed.

The Chair declined to exercise discretion to waive the breach of the rule, and the appeal was dismissed.

The licensee, a thoroughbred trainer and owner, appealed a stewards' ruling that suspended him for conducting business in a dishonest manner.

The licensee had deposited a cheque belonging to a co-owner into his personal account and failed to inform her or pay the owed amount until after a stewards' hearing was called.

At the Commission hearing, the parties presented a joint submission on penalty.

The Commission accepted the joint submission, ordering a suspension for the remainder of the 2006 Fort Erie meet, a 30-day suspension at the start of the 2007 meet, and a $500 fine.

A jockey appeared before the Ontario Racing Commission after testing positive for a prohibited substance for the second time within 24 months.

The Administration sought a three-month suspension and a one-year probation, while the licensee requested a one-month suspension.

The Commission found that the licensee had an underlying alcohol problem that led to drug use.

The Commission ordered a full suspension for two months, followed by a one-month suspension on weekends, and a one-year probationary period with mandatory drug testing and rehabilitation program requirements.

The appellant, a standardbred owner and trainer, appealed a judges' ruling that imposed a $5,000 fine and a one-year suspension following a positive test for elevated TCO2 in his horse.

The Commission dismissed the appeal on the merits and convened a hearing on penalty.

Noting the appellant's significant history of medication violations, including a third positive test in three years, the Commission varied the penalty, increasing the fine to $7,500 and the suspension to two years.

The appellant, a standardbred owner and trainer, appealed a Judges' Ruling that fined him $5,000 and suspended him for 6 months for a violation of Rule 22.38(b) due to an excess level of TCO2 in his horse.

The Ontario Racing Commission dismissed the appeal and upheld the penalty, noting the appellant's history of rule compliance issues, including a previous TCO2 positive test within the last year, medication errors, and financial responsibility violations.

The appellant, a standardbred driver, trainer, and owner, appealed a Director's Ruling that imposed a $1,000 fine and a one-year probation for possessing and using unauthorized medications on racehorses.

The appellant admitted to purchasing substances from an unlicensed supplier to save money, bypassing veterinary prescriptions.

The Ontario Racing Commission confirmed the penalty, emphasizing the need to protect the health and safety of racehorses and maintain public confidence in the integrity of the sport.

The Commission also held that the Executive Director was not required to hold a hearing prior to issuing the ruling, as the appeal process provided a hearing de novo.

The appellant appealed a ruling that placed his horse 9th instead of 1st due to alleged interference while off stride.

The Ontario Racing Commission panel reviewed the video tape and heard witness testimony.

The panel found that while trailing horses had to change direction for safety, there was no sudden change, grabbing hold, or loss of ground.

The panel concluded no interference occurred and restored the original order of finish.

The Member, a registered nurse and co-owner of a private seniors' residence, faced numerous allegations of professional misconduct relating to the care of a vulnerable elderly resident.

The Discipline Committee found that the Member unnecessarily restrained the resident, confined them to their room, failed to administer prescribed medications, and failed to seek required medical attention, ultimately leading to the resident's death from bronchopneumonia.

The Member also directed untrained, unregulated staff to perform nursing functions, submitted fraudulent invoices for care not provided, and misrepresented the facility's services and visiting policies.

The Committee found the Member guilty of professional misconduct, including physical and emotional abuse, and ordered the revocation of her certificate of registration.

The applicant, a licensed driver, was penalized by track judges for failing to provide a proper urine sample during random drug testing.

He appealed to the Ontario Racing Commission, which held a de novo hearing and upheld the penalty.

During the hearing, the Commission permitted the senior track judge who made the initial decision to testify.

On judicial review, the Divisional Court held that allowing the first-instance judge to testify created a reasonable apprehension of bias.

The application was allowed and the Commission's decision was quashed.

The appellant, a racing association official, appealed a $500 fine imposed by the Stewards for failing to comply with a Steward's direction.

The dispute arose when the appellant instructed his staff to pull the entry of a horse that was on the veterinarian's list and therefore ineligible to race, contrary to the Steward's instruction to leave the entry in until the Board of Stewards could rule on it.

The Panel found that the horse was clearly ineligible and the trainer agreed, meaning there was no dispute for the Board to resolve.

Given the appellant's blemish-free record and the circumstances, the appeal was allowed.

The licensee, a standardbred driver and trainer, tested positive for THC.

The Ontario Racing Commission suspended his driver's licence for three months and his trainer's licence for approximately two months.

The Commission also imposed an 18-month probation period, requiring the licensee to attend a rehabilitation program and submit to random drug testing, emphasizing the safety risks of driving under the influence of drugs.

Thoroughbred Jockey Constant Montpellier appealed a 5-day suspension for careless riding and interference during a race.

The Ontario Racing Commission panel reviewed the evidence, including testimony and videotape, and found that the appellant deliberately brought his horse into the path of another horse to interfere and intimidate.

The panel dismissed the appeal and upheld the suspension, noting that such deliberate actions could cause a real accident.