George Kelly

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 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 the race date application submitted by Baymount Incorporated for Quinte Exhibition and Raceway.

The Commission approved 17 live standardbred race dates and 364 simulcast dates for 2007, with all post times approved as applied for.

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 Ontario Racing Commission convened to review applications for 2007 live and intertrack race dates.

After reviewing written submissions from applicants and the public, the Commission approved the requested live standardbred, thoroughbred, and quarter horse race dates, as well as simulcast dates for various racetracks across Ontario.

All post times were approved as applied for.

The Ontario Racing Commission held a hearing regarding a thoroughbred licensee who tested positive for THC for a second time within 24 months and attempted to provide an adulterated urine sample.

The licensee admitted to using a herbal remedy from Jamaica for kidney stones, knowing it caused positive tests.

The Commission suspended the licensee for one year, with a portion stayed subject to conditions, and imposed a $1,500 fine.

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.

The Ontario Racing Commission held a hearing regarding the immediate suspension of a thoroughbred licensee.

The Administration alleged that the licensee engaged in a pattern of abusive behaviour, including physical assault and verbal abuse, towards a Commission steward with whom he had an extramarital affair.

The licensee was also charged criminally and breached bail conditions requiring him to stay away from the steward.

The Commission found the allegations substantiated and concluded that the licensee's conduct undermined the integrity of the sport and the independence of the stewards.

The Commission suspended the licence for three years, followed by a one-year probationary period with mandatory counselling conditions.

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.

Thoroughbred jockey Dino Luciani and trainer Justin Nixon appealed a Stewards' ruling that imposed a three-day riding suspension and disqualified their horse from first to fourth place for interference during a race.

The Ontario Racing Commission found that the jockey deliberately bumped another horse to create a path, violating racing rules.

The appeals were dismissed, and the suspension and disqualification were upheld.

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 Constant Montpellier appealed a 5-day suspension for careless riding and interference during a race.

The Ontario Racing Commission panel reviewed the evidence, including testimony and videotape, and found that the appellant deliberately brought his horse into the path of another horse to interfere and intimidate.

The panel dismissed the appeal and upheld the suspension, noting that such deliberate actions could cause a real accident.

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.

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.