George Kelly

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 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 thoroughbred trainer, appealed a Stewards' ruling suspending him for 15 days and fining him $1,000 after his horse tested positive for Flunixin (Banamine).

The Ontario Racing Commission found that while the positive test was proven, the appellant established that he exercised all reasonable due diligence in protecting his horse.

The evidence showed he maintained strict control over medications and it was not standard practice to require trainers to install private security cameras.

The appeal was allowed, though the horse's disqualification from the race remained.

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.

The appellant, a thoroughbred licensee, requested a hearing regarding a Director's Order of Immediate Suspension.

On consent of the parties, the Ontario Racing Commission stayed the immediate suspension and granted the appellant his license subject to strict conditions, including no contact with Commission Stewards or certain witnesses, and restricted access to Woodbine Racetrack premises, pending a final hearing.

Dr. Levman, a veterinarian, appealed a ruling by the Executive Director that prohibited any horse he treated from racing in Ontario.

The ruling was based on Dr. Levman purchasing unapproved and improperly labelled drugs from an unauthorized source and using them on racehorses.

The Commission upheld the ruling, finding that Dr. Levman prioritized his convenience and clients' demands over regulatory compliance and horse safety.

However, the Commission amended the penalty from a lifetime ban to a four-year suspension, ending September 24, 2009, noting his cooperation and lesser involvement compared to other veterinarians in similar cases.

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 appellant, a standardbred owner/driver/trainer, appealed a ruling that fined him $5,000 and suspended him for one year after his horse tested positive for caffeine, theophylline, and theobromine.

The Ontario Racing Commission dismissed the appeal, finding that the appellant administered a human-consumption product to the horse four hours before the race to enhance performance without researching it or consulting a veterinarian.

The panel concluded the appellant failed to demonstrate due diligence.

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 Gerald Baird appealed a 3-day suspension for interference after his horse swerved and impeded outside horses.

The Ontario Racing Commission found that while the jockey was not in control of his horse in the turn, the act was not deliberate and he took immediate action to correct it.

The appeal was allowed in part, and the suspension was reduced to 2 days.

The Deputy Director of Racing issued a Notice of Proposed Order to revoke the appellant's horse racing licenses, alleging he conspired to fix a race at Fraser Downs in 1999.

The appellant requested a hearing before the Ontario Racing Commission.

The Commission found the Administration's case lacked clear and cogent evidence, noting significant inconsistencies in the key witness's testimony, the failure to call the bettor as a witness, and the failure to produce the race videotapes.

The Commission quashed and set aside the Notice of Proposed Order.

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.

The appellant, a thoroughbred licensee, appealed a Stewards Ruling and a subsequent decision of the Ontario Racing Industry Board of Appeal that fined him $400 for disturbing the peace, obnoxious behaviour, and making threats against another licensee.

The Ontario Racing Commission dismissed the appeal, finding ample evidence of inappropriate conduct and language.

The Commission upheld the $400 fine and strongly urged the appellant to seek counselling for anger management and financial responsibility.

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 licensee, a Standardbred Owner/Trainer/Driver, appealed a Notice of Proposed Order from the Director to revoke his licence following two criminal convictions for sexual assault against female grooms in his employ.

The Commission found that while the licensee's conduct was criminal and contrary to the public interest, his licence should not be revoked entirely, as he was undergoing rehabilitation and the Commission wished to retain supervisory power.

The Commission substituted the revocation with a three-month full suspension, an additional three-month suspension for owning and training, a twelve-month probation, a $5,000 fine, and mandatory ongoing counselling.

The appellant, Strong Yankee Stable, appealed a judges' ruling that placed its horse, Strong Yankee, second after finishing first in an elimination heat.

The judges found the driver violated racing rules by coming to the starting gate in the wrong position and interfering with another horse.

The Ontario Racing Commission reviewed the videotape and upheld the judges' decision, finding clear evidence of a rule violation that disadvantaged another driver.

The appeal was dismissed, and the purse and post position draw were ordered to reflect the judges' placement.

The applicant, a licensed standardbred trainer, applied for a hearing regarding a requirement imposed by Woodbine Entertainment Group (WEG) that his horses be placed in a retention barn prior to racing.

The Commission convened a panel to determine if it had jurisdiction to hold the requested hearing.

The Commission found that WEG's requirement arose from its own policies and private contracts, not from a delegated power under the Racing Commission Act, 2000, meaning there was no statutory entitlement to a hearing under s. 11(7).

While the Commission had discretion to hold a hearing under s. 7(k), it declined to do so, finding that the specific application of the retention policy to the applicant did not engage the public interest or involve the good of horse racing generally.

The licensee, a standardbred driver, tested positive for a cocaine metabolite, marking his second positive drug test within a 24-month period.

He voluntarily entered a residential substance abuse treatment program.

The Ontario Racing Commission ordered a 5-month suspension, staying 110 days of the suspension on the condition that he successfully complete the residential treatment program.

Upon reinstatement, the licensee will be subject to a 1-year probationary period with mandatory drug testing and a requirement to abstain from controlled substances.