George Kelly

The appellant, a standardbred owner and trainer, requested a hearing to review the Executive Director's order of immediate suspension and notice of proposed order to revoke his licence.

The appellant had committed a significant error in judgment and de facto fraud on the racing industry by registering three-year-old horses as two-year-olds.

However, the panel noted that the appellant had voluntarily come forward to reveal the truth and presented substantial character evidence.

The panel quashed the Executive Director's proposed order and substituted a full suspension of all the appellant's licences for a period of three years.

The licensee, a standardbred owner/driver/trainer, appealed a Judges' ruling that fined him $1,500, suspended him for 120 days, and placed him on probation for two years for failing to provide a proper urine sample.

The licensee provided urine samples that registered below the required 90 degrees Fahrenheit on the temperature strip.

The Commission accepted expert evidence that samples below this temperature indicate alteration or substitution.

The Commission found the licensee failed to provide a proper sample and dismissed the appeal, affirming the penalty.

The Director issued a Notice of Proposed Order to revoke the licence of Standardbred Owner/Trainer/Driver Brian Lawson.

At the hearing, the parties consented to an adjournment sine die based on the respondent's undertaking not to re-apply for a licence for nine months and to provide 30 days' notice before any subsequent application.

The Commission accepted the undertaking and ordered the hearing adjourned sine die.

The appellants, a thoroughbred trainer and an owner/groom, brought a motion to adjourn their appeal from a prior ruling.

The Ontario Racing Commission granted the adjournment, making it peremptory on the appellants to proceed on the new date.

However, the Commission lifted the existing stay of penalty against the trainer, suspending his licence and barring him from the backstretch pending the resumption of the hearing.

Picov Downs Inc. applied for approval of 20 days of live quarter horse racing and intertrack dates for the 2005 season.

The Ontario Racing Commission approved the application, subject to conditions requiring the applicant to provide detailed plans and timelines for the construction of new backstretch and racing facilities, and ensuring that the existing facilities are appropriate for regulatory staff and horses.

The Ontario Racing Commission held a teleconference to review 2005 race date applications.

After reviewing submissions, the Commission declined to approve the revised 2005 race date application from Windsor Raceway Inc. for Windsor Raceway.

The Ontario Racing Commission held a teleconference to review the revised 2005 race date application from the applicant for Woodstock Raceway.

The Commission approved 25 live standardbred race dates and 364 intertrack dates, with all post times approved as applied for.

The Ontario Racing Commission met to review race date applications for the 2005 season.

After reviewing written submissions, the Commission approved the live standardbred race dates and intertrack/simulcast dates for Sudbury Downs Raceway, Quinte Exhibition & Raceway, New Hiawatha Horse Park, and Western Fair Raceway.

All post times were approved as applied for.

Macranald Enterprises Inc. applied for 54 live race dates for Sudbury Downs Raceway for the 2005 season, representing a significant reduction from previous years.

The Northern Horseman's Association opposed the reduction.

The Ontario Racing Commission found that the track did not satisfactorily justify the reduction in live race dates.

The Commission noted that live racing enhances simulcast and slot revenues, and that reducing race days would limit opportunities for horsemen and supporting businesses.

The Commission declined to approve the application and encouraged the track to file an amended application consistent with the slots program's aims.

Woodbine Entertainment Group applied for 2005 Thoroughbred race dates.

The Horsemen's Benevolent and Protective Association requested the Commission mandate a ship-in date of no later than February 15, 2005, to allow 60 days for training.

The Commission approved the race dates as applied for, declining to intervene in the ship-in date dispute, finding it was a matter for negotiation between the parties rather than regulatory determination.

The Ontario Racing Commission met to review applications for the 2005 live and intertrack race dates.

The Commission approved the requested live standardbred, live thoroughbred, and intertrack/simulcast race dates for various racetracks across Ontario, along with all applied-for post times.

The appellant, a standardbred licensee, appealed rulings imposing a fine and suspension.

During the hearing de novo, the Administration sought to call the Senior Judge who made the rulings to testify about the hearing events and penalty rationale.

The appellant objected on grounds of relevance and lack of disclosure of all similar past rulings.

The Commission ruled the judge's evidence was relevant and admissible.

It further held that the Administration was not required to disclose all past rulings, but only needed to provide a will-say statement of the penalty rationale and copies of any previous rulings actually taken into account by the judges.

The appellant trainer appealed a decision of the Stewards fining and suspending him after his horse tested positive for a prohibited substance, and for failing to maintain adequate medication records.

The Ontario Racing Commission allowed the appeal, finding that the trainer had established on a balance of probabilities that he took all reasonable care to protect the horse, and that the positive test likely resulted from an error by the treating veterinary hospital.

The Commission also found that the trainer's delegation of record-keeping to staff and reliance on hospital records satisfied the rules.

The fines and suspension were quashed, though the horse's disqualification remained.

A standardbred licensee appealed a judges' decision under the Rules of Standardbred Racing to place his horse fourth for causing interference during a race.

The Ontario Racing Commission convened to hear the appeal and received evidence from multiple witnesses.

The Commission dismissed the appeal, with the Vice-Chair dissenting, and confirmed the original placement of the horses in the order of finish.

Jockey Constant Montpellier appealed a Stewards Ruling finding him in violation of the Rules of Thoroughbred Racing for unsportsmanlike conduct after failing to take a horse for a veterinarian inspection prior to a race.

The Ontario Racing Commission allowed the appeal.

The appellant appealed the Judges' decision to scratch his horse, SCULLY FBI, and the eligibility of two other horses, due to the trainer's suspension by the New Jersey Racing Commission.

The Ontario Racing Commission allowed the appeal subject to conditions requiring the appellant to provide proof of a stay of the New Jersey suspension or issued proceedings for a stay application within specified timeframes.

The appellant, a standardbred owner/driver/trainer, appealed a decision suspending his licence for one year and fining him $5,000 for a positive TCO2 test on a horse.

The appellant failed to appear at the scheduled hearing despite receiving notice.

The Ontario Racing Commission dismissed the appeal as abandoned and ordered the suspension and fine to be continued.

Winrac Developments Inc. applied to the Ontario Racing Commission to vary the 2004 Race Day schedule for Woodstock Raceway and to amend the 2004 Backstretch Improvement Plan regarding the paddock.

The Commission approved the amended business plan and reconfirmed the race date schedule on consent.

The Commission also ordered that the Stakes barn floor be properly covered to ensure safety prior to May 28, 2004, and warned of severe penalties for failure to comply with the amended business plan.