The appellant, a standardbred licensee, appealed a decision of the Judges suspending him for 45 days and fining him $1,000 for maltreatment of a horse.
The horse was found with severe welts consistent with whipping.
The Ontario Racing Commission panel applied the balance of probabilities standard of proof and the reasonableness standard of review.
The panel found it reasonable to conclude the appellant caused the welts, given his history of temper and post-race whip use.
The appeal was denied, but the penalty was increased to a 90-day suspension (60 days stayed), a $1,500 fine, and mandatory anger management to serve as a stronger deterrent.