Bernard Brennan

Standardbred licensee Adam Kaminski appealed a decision by Hanover Raceway finding his horse ineligible to race in the Balanced Image Race because it had not paid its Ontario Sires Stakes (OSS) fees.

Kaminski argued that 'OSS eligible' meant the horse was sired by an Ontario stallion, regardless of whether nomination and sustaining payments were made.

The Ontario Racing Commission dismissed the appeal, with a dissenting opinion, holding that in the context of the race conditions and industry practice, 'OSS eligible' meant eligible to race with all appropriate OSS payments having been made.

Standardbred licensee Terry Fritz appealed a judges' ruling that declared a race a 'No Contest' after a driver was unseated and a horse got loose on the first turn.

The Ontario Racing Commission dismissed the appeal, finding that the judges correctly called the race a 'No Contest' because all horses were interfered with and a loose horse presents a safety concern that precludes a proper contest.

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.

Standardbred licensee Jeff Barkley appeared before the Ontario Racing Commission following a positive test for cocaine.

At the outset of the hearing, Barkley requested an adjournment to tender evidence contrary to the positive test result and to call witnesses.

The Panel granted the adjournment on the condition that Barkley summons all intended witnesses, comply with disclosure rules, and proceed peremptorily on the rescheduled date.

Standardbred licensee Jeff Barkley appealed to the Ontario Racing Commission following a positive test for cocaine.

The licensee did not contest the positive test and presented a joint submission on penalty with the Administration.

The Commission accepted the joint submission, ordering a five-month suspension of his licence and requiring continued attendance for counseling and treatment.

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.

A thoroughbred trainer appealed a Stewards' ruling that found him in violation of racing rules after his horse tested positive for Flunixin, a Class IV drug.

The trainer argued that a veterinary technician mistakenly administered Flunixin instead of the requested calcium gluconate.

The Commission dismissed the appeal on liability, finding that the trainer failed to establish a due diligence defence on a balance of probabilities, particularly given the lack of evidence regarding other injections and inadequate record-keeping.

However, the Commission varied the penalty, eliminating the $1,000 fine and reducing the suspension to 10 racing days.

The appellant, a thoroughbred licensee and trainer, appealed the decision of the Ontario Racing Industry Board of Appeal upholding the Stewards' disqualification of his horse from second to fifth place due to interference during a race.

The appellant argued that another horse caused the interference by taking away running room.

The Ontario Racing Commission dismissed the appeal, finding that the appellant's horse shied, causing the immediate interference, and that the other horse maintained a permissible path.

The Stewards' decision was upheld.

Standardbred licensee Darrell Coville appeared before the Ontario Racing Commission following a second positive test for cocaine within a 24-month period.

The Commission accepted the Administration's recommended penalty, imposing a four-month suspension, mandatory completion of an addiction treatment program, and a one-year probationary period with random drug testing.

The Commission emphasized its strict policy against cocaine use in horse racing.

The licensee was required to appear before the Commission for a second positive test for cocaine and filed a Notice of Appeal.

At the hearing, the licensee advised of his intention to challenge the positive test result.

The Commission ordered the hearing adjourned to allow the Administration to obtain documentary disclosure and arrange witnesses.

The Commission also ordered the licensee's license restored to active status pending the commencement of the hearing.

Windsor Raceway Inc. applied to the Ontario Racing Commission for 125 live race dates and 364 simulcast dates for the 2006 season.

The Ontario Harness Horse Association made submissions advocating for more summer racing dates.

The Commission conditionally approved the application, ordering the applicant to submit a revised schedule adding a minimum of six live race dates to address concerns about the reduction in racing opportunities.

The Ontario Racing Commission reconvened a hearing regarding an application by Windsor Raceway Inc. for 2006 race dates.

The Commission had previously approved 125 race dates conditional upon the addition of a minimum of six days.

The applicant submitted a revised application for six additional dates, which the Commission approved, bringing the total to 131 approved race dates for Windsor Raceway.

The applicant, 405730 Ontario Ltd. (New Hiawatha Horse Park), applied for 52 live race dates and 364 simulcast race dates for the 2006 season.

The Ontario Harness Horse Association suggested a 70-date schedule.

The Ontario Racing Commission approved the application as submitted, noting the track's financial challenges including a significant property tax increase.

The Commission ordered the applicant to file a revised application adding dates if its property tax appeal is successful.

The appellant appealed a ruling and requested a hearing regarding a proposed order to suspend his standardbred license for one year or until a US criminal indictment against him was resolved.

The Ontario Racing Commission upheld the proposed order, finding the Director had reasonable grounds to conclude the appellant would not act with honesty and integrity in the public interest, given the charges related to ephedrine and the use of a barn for its storage.

The Ontario Racing Commission heard applications for 2006 live and intertrack race dates from several track operators.

The Commission approved the race dates for Quinte Exhibition & Raceway on the condition that it would be its final year of operation at the existing facility.

The Commission also approved the race dates for Kawartha Downs Raceway, subject to a joint review of wagering levels with the Ontario Harness Horse Association.

The applications for Windsor Raceway and The New Hiawatha Horse Park were adjourned or deferred.

The Ontario Racing Commission reviewed applications for the 2006 horse racing season.

The Commission approved the requested live standardbred, thoroughbred, and quarter horse race dates, as well as simulcast dates for various racetracks across the province.

All post times were approved as applied for.

The appellant, a standardbred owner and trainer, requested a hearing to review the Executive Director's order of immediate suspension and notice of proposed order to revoke his licence.

The appellant had committed a significant error in judgment and de facto fraud on the racing industry by registering three-year-old horses as two-year-olds.

However, the panel noted that the appellant had voluntarily come forward to reveal the truth and presented substantial character evidence.

The panel quashed the Executive Director's proposed order and substituted a full suspension of all the appellant's licences for a period of three years.

The appellants, a standardbred owner/trainer and an authorized agent/owner/trainer, appealed rulings imposing fines and suspensions following a positive test for a prohibited substance in their horse.

The trainer of record's appeal was dismissed on consent.

The co-owner's appeal was allowed in part; the Commission found he was not directly responsible for the positive test but was responsible for partial care of the horse through their partnership.

His penalty was reduced from a $2,000 fine and 15-day suspension to a $1,000 fine.

The Ontario Racing Commission heard a revised race date application from Windsor Raceway Inc. for 2005 live and intertrack race dates.

The Commission approved 124 live standardbred race dates and 364 intertrack and simulcast dates, subject to the applicant agreeing in writing to add additional dates to bring the total to 131 and to conduct an average of 15 live races per approved date.

If the applicant did not accept these conditions by the specified deadline, the application would be rejected.

The Ontario Racing Commission met to review race date applications for the 2005 season.

After reviewing written submissions, the Commission approved the live standardbred race dates and intertrack/simulcast dates for Sudbury Downs Raceway, Quinte Exhibition & Raceway, New Hiawatha Horse Park, and Western Fair Raceway.

All post times were approved as applied for.