David Gorman

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 Executive Director's decision to revoke a stay of his suspension following a second positive drug test on a horse he trained.

The appellant sought relief because he had already entered horses to race in New Jersey.

The Commission temporarily granted the appeal for two days to allow New Jersey officials to determine whether the horses could race, after which the revocation of the stay would take effect.

The New Jersey officials ultimately scratched the horses.

The licensee, a standardbred owner/driver/trainer, was immediately suspended by the Director under section 23 of the Racing Commission Act, 2000 for possessing and using the prohibited substance EPO.

The licensee requested a hearing and brought a preliminary motion for a stay of the immediate suspension pending the hearing.

The Commission dismissed the motion, finding that the Director acted within his jurisdiction to protect the integrity of the horse racing industry and the health of horses, and that section 25(1) of the Statutory Powers Procedure Act did not apply to mandate a stay.

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 licensees, a standardbred owner and a trainer, requested a hearing regarding the Director's immediate suspension and proposed revocation of their licenses.

The Administration alleged the licensees purchased controlled substances and unlabelled medications from an unlicensed distributor, jeopardizing the health of racehorses and the integrity of the racing industry.

The Ontario Racing Commission found the allegations proven, concluding the licensees failed to act with integrity and in the public interest.

The Commission affirmed the Director's order, suspending and revoking the licenses for a period of five years.

The appellant, a standardbred owner/driver/trainer, appealed a decision placing his horse fourth for causing interference while off stride.

The appellant argued the break was caused by another driver's whip striking his horse in the face.

The Ontario Racing Commission dismissed the appeal, finding that while it was possible the horse was struck, the video evidence did not establish on a balance of probabilities that the whip hit the horse.

The appellant, a standardbred licensee, appealed a ruling that he violated Rule 15.09(a) by racing a claimed horse outside Ontario within 60 days of the claim.

The appellant argued that the consignor should bear responsibility.

The Ontario Racing Commission dismissed the appeal, finding that the rule places responsibility on the party who claims the horse, and upheld the $1,200 fine.

The licensee appealed a ruling suspending his Ontario standardbred licence pending the resolution of a suspension imposed by the Ohio Racing Commission for a TCO2 positive test.

The Ohio penalty had been stayed by an Ohio court, but on conditions that effectively barred him from racing in Ohio.

The Ontario Racing Commission granted the appeal and lifted the suspension, but imposed strict conditions on his Ontario licence, including mandatory TCO2 testing at his own expense, to protect the public interest while respecting the principles of reciprocity.

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 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.

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.

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.

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 appellants, a thoroughbred jockey and an owner/trainer, appealed a Stewards' ruling that disqualified their horse from first to last place and suspended the jockey for three days for causing interference during a race.

The Ontario Racing Commission dismissed the appeals, finding that the jockey failed to check behind him before moving inside on a turn, thereby impeding other horses.

The Commission upheld the violations of Rules 11.07 and 11.09.01, the suspension, and the disqualification.

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 appellants, a jockey and an owner, appealed a Stewards' Ruling that suspended the jockey for three days for interference and disqualified their horse from first to sixth place.

The Ontario Racing Commission dismissed the appeal, finding that the jockey made an error in judgment by moving into the rail lane and failing to give another rider enough room.

The three-day suspension and the placing of the horse were upheld.

Thoroughbred jockey Eldridge Lindsay appealed a 3-day suspension for interference and careless riding.

The Ontario Racing Commission Panel found that the jockey took appropriate and expected steps to prevent his horse from bearing in and interfering with another horse.

The Panel allowed the appeal and removed the suspension, but upheld the disqualification and placement of the horse.