Bernard Brennan

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.

A jockey, trainer, and owner appealed a stewards' ruling that disqualified their horse from first place and suspended the jockey for three days due to interference during a race.

The appellants argued that the interference was caused by another jockey's whip getting caught in their horse's tail.

The Ontario Racing Commission found that the jockey initiated the interference by aggressively moving his horse into the path of others, which caused the whip to become entangled.

The appeals were denied, the disqualification was upheld, and the jockey's suspension was confirmed.

The Director of the Ontario Racing Commission suspended the licensee for ten years and imposed a $100,000 fine for alleged involvement with prohibited pre-race supplements.

At the hearing, the panel held a voir dire to determine the admissibility of a statement the licensee gave to an investigator.

The panel found that the investigator deliberately misled the licensee into believing he was only a witness in a criminal investigation, thereby inducing the statement through deceit.

The panel ruled the statement inadmissible as its admission would breach the principles of natural justice.

Consequently, the Administration offered no further evidence, and the panel set aside the suspension and rescinded the fine.

The appellant, a thoroughbred licensee, appealed a decision by the Ontario Racing Commission suspending him for violating drug and alcohol rules.

The Commission denied the appeal but, recognizing his rehabilitation progress, allowed him to obtain a limited licence as a groom, hot walker, or exercise rider to facilitate employment.

Upon conclusion of his suspension, he will be placed on probation for one year with strict conditions, including mandatory drug testing and abstinence from alcohol and controlled substances.

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, a standardbred owner and trainer, appealed the penalty imposed by track judges after his horse tested positive for Flunixin, a Class IV drug.

The track judges had imposed a $2000 fine and a 150-day suspension.

The appellant admitted the violation but appealed the penalty.

The Ontario Racing Commission accepted a joint submission, varying the penalty to a 75-day suspension and a $1000 fine, but extended the proposed probation period to three years due to the appellant's history of positive tests.

The Ontario Racing Commission convened to review the race date application submitted by Baymount Incorporated for Quinte Exhibition and Raceway.

The Commission approved 17 live standardbred race dates and 364 simulcast dates for 2007, with all post times approved as applied for.

The appellants, a Quarter Horse licensee and a corporation, requested a hearing regarding a Director's Order of Immediate Suspension and Notice of Proposed Order.

They sought a stay of the suspension pending a full hearing.

The Ontario Racing Commission granted the stay subject to conditions, including prohibiting the horse 'I'm Quick Say Bye Bye' from racing and requiring veterinary certification for any foals registered for Ontario restricted races.

The Ontario Racing Commission convened to review race date applications for Windsor Raceway and Flamboro Downs.

The Commission approved 111 live standardbred race dates for Windsor Raceway and 225 for Flamboro Downs, along with 364 simulcast dates for each.

All post times were approved as applied for.

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 Ontario Racing Commission convened to review applications for 2007 live and intertrack race dates.

After reviewing written submissions from applicants and the public, the Commission approved the requested live standardbred, thoroughbred, and quarter horse race dates, as well as simulcast dates for various racetracks across Ontario.

All post times were approved as applied for.

The Ontario Racing Commission heard applications from three racetracks for 2007 live and intertrack race dates.

The Commission first denied the Ontario Harness Horse Association's application for party status, finding it was not directly affected by the racing schedule.

The Commission approved New Hiawatha Horse Park's application for 52 live race dates and 364 intertrack dates, subject to conditions regarding its tax appeals.

However, the Commission declined to approve the applications for Windsor Raceway and Flamboro Downs, finding their proposed substantial reductions in race dates were not in the public interest or the best interests of racing, and directed both tracks to file fresh applications with additional race dates.

The appellant, a standardbred licensee, appealed a Judges' Ruling that placed his horse sixth for interference and imposed a three-day driving suspension.

During a Gold Eliminations Race, the appellant's horse came out in the stretch run and made contact with a trailing horse.

The appellant admitted to the contact but argued the trailing driver could have avoided it.

The Ontario Racing Commission dismissed the appeal, finding that interference occurred and noting that the judges had already reduced the standard five-day suspension to three days due to poor driving conditions.

The appellants appealed a decision of the Thoroughbred Industry Appeal Board that revised the order of finish in a horse race due to a bumping incident.

The Ontario Racing Commission conducted a hearing de novo and found that the appellant's horse deliberately moved out and interfered with the other horse, which impacted the outcome of the race.

The appeal was dismissed and the revised order of finish was confirmed.

The licensee, a standardbred horse racing participant, appealed a suspension issued after a positive test for cocaine.

This was his third positive test within 24 months.

The licensee failed to attend the hearing before the Ontario Racing Commission.

The panel found the licensee in violation of the Rules of Standardbred Racing, imposing an 18-month suspension, a $2,500 fine for his failure to appear and abide by undertakings, and strict conditions for any future reinstatement, including a negative drug test and a probationary period.