Bernard Brennan

The appellant, a thoroughbred owner and trainer, appealed a decision of the Track Stewards disqualifying his horse from first to ninth place after the jockey used an unapproved riding crop.

The appellant argued that the penalty was disproportionate and that the Stewards were estopped from disqualifying the horse because track officials had allegedly told the jockey to ride with the unapproved crop.

The Ontario Racing Commission denied the appeal, finding that the rule mandates automatic disqualification for using an unapproved crop and that track officials, who are not Commission officials, lack the authority to override the rules.

The appellant, an official clocker, appealed a 30-day suspension imposed by the Stewards for allegedly altering a workout time to make a horse eligible to race.

The Ontario Racing Commission panel found that the appellant corrected a timing error in good faith, consistent with established clocking protocols, and without knowledge of the horse's eligibility requirements.

The panel concluded there was no evidence of an integrity breach or willful wrongdoing.

The appeal was allowed and the suspension rescinded.

The Standardbred licensee appealed an Order of Immediate Suspension and Notice of Proposed Order suspending his license for 10 years and fining him $40,000 after one of his horses tested positive for Darbepoetin-alpha (DPO).

The appellant challenged the scientific and forensic validity of the testing methodology used by the Pennsylvania Equine Toxicology & Research Laboratory (PETRL).

The Ontario Racing Commission panel found the PETRL methodology to be scientifically and forensically valid, confirmed the 10-year suspension, and increased the fine to $60,000 due to the horse's high racing status and earnings.

The Ontario Harness Horse Association (OHHA) requested a hearing regarding the actions of Woodbine Entertainment Group (WEG) and the Central Ontario Standardbred Association (COSA).

WEG brought a motion arguing that the Ontario Racing Commission lacked jurisdiction to hear the matter.

The Panel granted WEG's motion, finding that the Commission had no jurisdiction, and dismissed OHHA's application.

The appellant, a standardbred driver, appealed a $100 fine for failing to keep his feet in the stirrups during a race, contrary to Rule 22.19 of the Rules of Standardbred Racing.

The Ontario Racing Commission panel reviewed the video evidence, which clearly showed the appellant's foot out of the stirrup and hitting the horse's hock.

The panel dismissed the appeal, finding that the rule's intent is to ensure safety and prevent drivers from using their feet to strike the horse.

As the appellant offered no new evidence after three hearings, the panel deemed the appeal frivolous and ordered him to pay $750 pursuant to subsection 11(8) of the Racing Commission Act.

The appellant, a licensed jockey, appealed a 5-day suspension imposed by the Stewards for whipping his mount on the head and raising the whip above his shoulder during a race.

The appellant conceded the violations but argued the penalty was excessive compared to previous rulings.

The Ontario Racing Commission dismissed the appeal, finding the conduct to be inherently wrong and a flagrant abuse of the horse.

The Commission emphasized its mandate to protect animal welfare and confirmed the 5-day suspension, noting it was arguably too lenient but could not be increased without notice.

The appellant, a thoroughbred trainer, appealed a Stewards' Ruling suspending him for 15 days and imposing a $1,000 fine after his horse tested positive for Methocarbamol (Robaxin).

The appellant argued that the positive test resulted from a mistake by veterinary technicians who administered the wrong medication.

The Ontario Racing Commission denied the appeal, finding that the appellant failed to establish due diligence under the strict liability trainer responsibility rule, as he was not present during the administration of medications and did not ensure his instructions were followed.

The suspension was reduced to eight days in recognition of his excellent past record, with the remaining seven days stayed.

The appellant, a thoroughbred trainer, appealed a Stewards' decision suspending him for one year and fining him $5,000 after his horse tested positive for codeine and morphine, both Class I drugs.

The appellant argued the positive test resulted from environmental contamination, specifically poppy seeds or human source contamination.

The Commission rejected this defense, finding it could not account for the presence of codeine and that the appellant failed to meet the strict liability standard of taking all reasonable care to protect the horse.

The appeal was denied, but the Commission stayed the last two months of the 12-month suspension in recognition of the appellant's previous good record.

A thoroughbred jockey appealed a Stewards' ruling that suspended him for three days and disqualified his horse from first place due to alleged interference.

The Industry Appeal Board reversed the suspension but left the disqualification undisturbed.

On a de novo hearing before the Ontario Racing Commission, the Panel found that the jockey did not breach any racing rules and that the interference was caused by another jockey's dangerous attempt to pass on the inside going into a turn.

The Panel allowed the appeal and ordered the original order of finish restored.

The appellants, a standardbred driver/trainer and an owner/trainer, appealed a decision suspending them for one year and imposing fines for tubing horses prior to races.

The Ontario Racing Commission heard evidence from eyewitnesses and an expert veterinarian who testified that tubing by non-veterinarians is dangerous and used to administer performance-enhancing alkalizing agents.

The Commission found clear and convincing evidence that the appellants tubed horses on race days, concluding that such actions are prejudicial to the integrity of racing and a threat to the health of the horses.

The appeals were dismissed and the penalties upheld.

The licensee appealed two Stewards' rulings: a $50 fine for smoking in a non-designated area and a 15-day suspension for using profanities and acting obnoxiously at a hearing.

The Ontario Racing Commission dismissed the appeals, finding the licensee admitted to the inappropriate behaviour and that witness testimony supported the smoking violation.

The Commission upheld the penalties and strongly recommended the licensee seek anger management treatment.

The appellant, a standardbred licensee, appealed the penalty of a 60-day suspension and $1,500 fine imposed after a horse he trained tested positive for an elevated TCO2 level.

The appellant argued for a reduced penalty based on his good character, the likelihood of a feeding error due to his busy stable, and precedents where lesser penalties were given.

The Ontario Racing Commission dismissed the appeal, emphasizing that the public interest and the integrity of racing require strict adherence to the trainer responsibility rules and uniform enforcement of minimum penalty guidelines.

The appellant, a thoroughbred licensee, appealed a Stewards' ruling that suspended him for three days and disqualified his mount from first position.

The Industry Appeal Board previously allowed his appeal regarding the suspension but did not address the disqualification.

At the Ontario Racing Commission hearing to address the order of finish, it was noted that the owner of the horse placed first after the disqualification was not given proper notice of the hearing regarding the order of finish.

The Commission adjourned the matter sine die to allow for proper service and the opportunity for all interested parties to be heard.

The appellant harness horse association appealed the Executive Director's allocation of 2008 race dates for two raceways.

The administration challenged the panel's jurisdiction, arguing the appellant missed the 48-hour deadline to file a notice of appeal.

The panel found it had jurisdiction to hear the appeals to ensure transparency in the new race date allocation process, despite the missed deadline.

On the merits, the panel dismissed the appeals, finding the Executive Director properly followed the policy directive in allocating the race dates.

The appellant, a thoroughbred trainer, appealed a Stewards' Ruling suspending him for 180 days for forging the owner's signature on a foal certificate to transfer ownership of a horse to himself.

The appellant claimed the owner had abandoned the horse to him due to unpaid training bills, but admitted to the forgery.

The Ontario Racing Commission dismissed the appeal but varied the penalty by extending the stay of the suspension from 90 to 150 days, citing extreme personal, family, and financial stress as major mitigating factors.

Sudbury Downs Raceway appealed an order by the Executive Director requiring it to reschedule three race dates that were lost due to a labour dispute with unionized employees.

The Ontario Racing Commission Panel heard submissions from various stakeholders and dismissed the appeal, upholding the Executive Director's order.

Written reasons were to follow.

The appellant, a horse trainer, appealed a penalty imposed for forging his sister-in-law's signature on a foal certificate to transfer ownership of a horse to himself after a dispute over unpaid training bills.

The Ontario Racing Commission found that while the appellant committed serious racing violations, there were major mitigating factors, including extreme personal and financial stress due to his child's severe illness.

The Commission dismissed the appeal but varied the penalty, extending the stay of the suspension from 90 days to 150 days, with 30 days to be served.

The Ontario Racing Commission convened an emergency hearing after live race dates were cancelled at Woodstock and Dresden Raceways due to a lack of entered horses.

The Commission ordered a trial experiment for a mini circuit in Southwestern Ontario, allocating 27 live race dates to Woodstock and 25 to Dresden.

The Commission also ordered Winrac Development Inc. to provide independent assurances that the Woodstock facility meets health and safety standards or to detail mitigating steps.

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.