David Gorman

The applicant, whose owner/trainer licence had expired, applied for a new licence as a hot walker.

The Acting Director issued a Notice of Proposed Order to refuse the licence based on past conduct.

The applicant brought a motion seeking a stay of the Notice of Proposed Order.

The Commission dismissed the motion, finding that under the Racing Commission Act, it has no jurisdiction to interfere with the Director's decision to issue a Notice of Proposed Order until a full hearing on the merits has been held.

The appellant, a standardbred licensee, appealed a ruling finding a violation of racing rules arising from a positive test for Aminorex in a horse.

At the hearing de novo, the Administration called no evidence.

On consent of all parties, the Commission allowed the appeal, set aside the finding of responsibility, and maintained the purse redistribution.

The appellant, a Standardbred licensee, appealed a ruling finding a violation of racing rules due to a positive analysis for AMINOREX in a horse.

At the hearing de novo, the Administration called no evidence.

On consent of all parties, the panel allowed the appeal, set aside the finding of responsibility, and maintained the portion of the ruling relating to Rules 9.13 and 18.08.01.

Standardbred licensee Karen Cooper appealed a ruling finding a violation of rules arising from a positive test for Aminorex in a horse.

At the hearing de novo, the Administration called no evidence and the parties consented to an order.

The Commission allowed the appeal, set aside the finding of responsibility, and maintained the portion of the ruling relating to purse redistribution.

Standardbred licensee Garry Merner appealed a ruling finding a violation of racing rules arising from a positive test for the Class I substance AMINOREX in a horse.

At the hearing de novo, the Administration called no evidence and consented to the appeal.

The Commission allowed the appeal, made no finding of responsibility, and set aside the original ruling, subject to certain rules remaining in effect.

Standardbred trainer Anette Lorentzon appealed a ruling finding a violation of the rules due to a positive test for Aminorex in a horse.

At the hearing de novo, the Administration called no evidence.

On consent of all parties, the appeal was allowed, no finding of responsibility was made, and the previous ruling was set aside, except for the portion relating to Rules 9.13 and 18.08.01.

The appellant appealed a Judges' Ruling that placed four of her horses on the Judges' List due to her association with a suspended licensee.

Prior to the hearing, the appellant sold all four horses.

The Ontario Racing Commission determined that the appeal was moot because the appellant no longer owned the horses.

The Commission also clarified that the appellant, having not been found in breach of any rules, may continue to participate in the horse racing industry provided she complies with the rules of racing.

The standardbred licensee appealed a Director's Order immediately suspending his licenses and proposing a 10-year suspension and $100,000 fine after a horse he trained tested positive for the performance-enhancing drug DPO.

The Ontario Racing Commission found that the trainer responsibility rule is a strict liability offence and the licensee failed to demonstrate due diligence in protecting the horse from tampering.

The Commission varied the penalty, imposing a 10-year suspension and reducing the fine to $10,000.

The appellant, a standardbred licensee, was suspended after a horse he trained tested positive for a Class III drug.

His request for a stay of the suspension pending a hearing was denied by the Executive Director.

On appeal, the Commission found that while the Judges and Executive Director acted within their mandate, there was a lack of disclosure and failure to provide written reasons as required by the Racing Commission Act.

The Commission granted the stay of suspension and ordered that the hearing be expedited.

Fourteen standardbred licensees appealed rulings finding them in violation of the Rules of Standardbred Racing for using the services of suspended veterinarians to draw blood for Coggins tests.

The appellants argued they were unaware of the suspensions.

The Ontario Racing Commission denied the appeals, holding that ignorance of the rules and directives is not an acceptable defence, as the Commission had adequately communicated the suspensions to the industry.

However, finding no intent to gain an unfair advantage, the Commission ruled the appellants violated Rule 1.09 but not Rule 6.20(b), and reduced their fines from $1,000 to $100 each.

The Northern Horsemen's Association appealed a decision by the Executive Director allowing Sudbury Downs to cancel a makeup race date scheduled for December 12, 2007.

The cancellation was conditionally approved based on benchmarks regarding field sizes and race backs.

The Ontario Racing Commission Panel found that Sudbury Downs had historically raced short fields and that the late posting of condition sheets likely caused a shortage of entries.

The Panel granted the appeal and ordered Sudbury Downs to hold a full card of racing on December 22, 2007, with supervisory conditions.

The appellant requested a hearing before the Ontario Racing Commission regarding the Director's Notice of Proposed Order to Refuse a Licence.

The Commission affirmed the Director's decision, noting that a licence is a privilege, not a right.

Given the appellant's pending criminal charges and financial obligations, the Director had no choice but to refuse the application.

The Commission noted the appellant could reapply once his difficulties are cleared up and he can demonstrate he will act in accordance with the law, with integrity, honesty, and in the public interest.

The appellant, a licensed thoroughbred trainer, appealed a $2,000 fine imposed for refusing to allow his horse to be administered Lasix, which resulted in the horse being scratched from a race.

The horse had been forced to race on an off-turf track due to weather conditions, and the appellant refused to race the horse due to safety concerns.

The Ontario Racing Commission allowed the appeal, finding that the appellant's safety concerns were reasonable and provided 'reasonable justification' under the rules for refusing the Lasix administration.

The fine was rescinded.

The appellant, a standardbred owner/trainer, appealed a Judges' Ruling that disqualified his horse from first place due to alleged interference before the start of a race.

The Commission Panel allowed the appeal, finding that the Judges had improperly dismissed the drivers' testimony as a class, which constituted a denial of procedural fairness.

The Panel reviewed the evidence, including video replays and testimony from the starter and drivers, and concluded that the brief contact between race bikes did not cause the interference, but rather the other horse was bad-gaited.

The original order of finish was restored.

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.

Standardbred licensees brought motions before the Ontario Racing Commission seeking procedural relief prior to hearings regarding positive tests for Aminorex.

The Commission ordered the Administration to provide Amended Notices of Hearing detailing the alleged misconduct and rules violated.

The request for a court reporter was dismissed as moot due to a new policy of tape-recording all hearings.

The Commission ordered the Administration to disclose all information provided to the Judges, including material from the Canadian Pari-Mutuel Association, and granted a 20-day stay of proceedings for all current Aminorex positive test hearings.

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.

Standardbred licensee Randy Zhok appealed the penalty of a $1,500 fine and a 90-day suspension imposed after his horse tested positive for the prohibited substance Torsemide.

The appellant admitted liability but argued for a reduced penalty based on his clean record.

The Ontario Racing Commission dismissed the appeal, finding the penalty appropriate given the appellant's careless approach to medication and his refusal to disclose the source of the unapproved drug.

The appellant, a standardbred licensee, appealed a 60-day suspension and $1,500 fine for a positive drug test and requested a stay pending the appeal.

The Executive Director denied the stay.

On review, the Commission granted a temporary stay until April 30, 2007, to allow the appeal to be heard expeditiously, noting that a recent policy change regarding the automatic granting of stays had not been adequately communicated to the industry.

The appellant, a standardbred licensee, received a 60-day suspension and a $1,500 fine after his horse tested positive for a Class 3 drug.

He appealed the penalty and requested a stay of the suspension pending the appeal, which the Director denied.

The Ontario Racing Commission reviewed the denial and granted a temporary stay until April 30, 2007, finding that while the appellant had not demonstrated exceptional circumstances, the Commission's change in policy regarding the automatic granting of stays had not been adequately communicated to the industry.