Jane Garthson

The licensee appealed a decision of the Industry Appeal Board which upheld a Stewards' ruling suspending a jockey for three days and disqualifying a horse for interference during a race.

The Ontario Racing Commission found that the jockey drifted out and then moved back to the rail, causing another horse to clip heels and unseat its rider.

The Commission dismissed the appeal and upheld the suspension and disqualification.

The appellant, a standardbred licensee, appealed a 15-day suspension and $2,000 fine imposed after a horse he trained tested positive for the Class V drug procaine.

The appellant argued he administered the drug within prescribed guidelines and that a delayed retest showed levels within the legal limit.

The Ontario Racing Commission dismissed the appeal, finding the initial test result was accurate and above the allowable threshold, while the retest was likely affected by the deterioration of the sample over time.

As this was the appellant's second positive test within one year, the Commission varied the penalty to a 30-day suspension and a $1,500 fine in accordance with penalty guidelines.

The appellant harness horse association appealed the Executive Director's allocation of 2008 race dates for two raceways.

The administration challenged the panel's jurisdiction, arguing the appellant missed the 48-hour deadline to file a notice of appeal.

The panel found it had jurisdiction to hear the appeals to ensure transparency in the new race date allocation process, despite the missed deadline.

On the merits, the panel dismissed the appeals, finding the Executive Director properly followed the policy directive in allocating the race dates.

Woodbine Entertainment Group (WEG) appealed the Director's decision denying its application to cancel eight standardbred race dates at Woodbine Racetrack.

WEG argued the cancellation was necessary due to a horse shortage caused by a purse imbalance among tracks.

The Ontario Harness Horsemen's Association opposed the application.

The Ontario Racing Commission dismissed the appeal, finding that WEG failed to meet the higher standard required for mid-season race date cancellations under Policy Directive No. 3-2007.

The Commission held that WEG did not provide sufficient factual data or demonstrate positive benefits to all industry stakeholders, and directed that all eight scheduled race dates be maintained.

The appellants, a jockey and a trainer, appealed the Stewards' rulings that disqualified their horse from first to third place and suspended the jockey for three days due to alleged interference during a race.

The Stewards had determined that the jockey's horse moved into the path of another horse, causing its rider to check.

The majority of the Ontario Racing Commission Panel allowed the appeals, finding that there was sufficient clearance, no contact occurred, and the other horse was not impeded or bothered within the meaning of the rules.

The original order of finish was restored and the suspension was overturned.

A dissenting commissioner would have upheld the Stewards' rulings.

The appellants, a thoroughbred jockey and a trainer, appealed Stewards Rulings that suspended the jockey for three days for interference and disqualified their horse from first to third place.

The Ontario Racing Commission Panel heard the appeals together.

The majority of the Panel granted both appeals, overturning the jockey's suspension and restoring the horse to the first-place finishing position with purse monies to be distributed accordingly.

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.

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.

A jockey, trainer, and owner appealed a stewards' ruling that disqualified their horse from first place and suspended the jockey for three days due to interference during a race.

The appellants argued that the interference was caused by another jockey's whip getting caught in their horse's tail.

The Ontario Racing Commission found that the jockey initiated the interference by aggressively moving his horse into the path of others, which caused the whip to become entangled.

The appeals were denied, the disqualification was upheld, and the jockey's suspension was confirmed.

The Director of the Ontario Racing Commission suspended the licensee for ten years and imposed a $100,000 fine for alleged involvement with prohibited pre-race supplements.

At the hearing, the panel held a voir dire to determine the admissibility of a statement the licensee gave to an investigator.

The panel found that the investigator deliberately misled the licensee into believing he was only a witness in a criminal investigation, thereby inducing the statement through deceit.

The panel ruled the statement inadmissible as its admission would breach the principles of natural justice.

Consequently, the Administration offered no further evidence, and the panel set aside the suspension and rescinded the fine.

The appellant, a standardbred owner and trainer, appealed the penalty imposed by track judges after his horse tested positive for Flunixin, a Class IV drug.

The track judges had imposed a $2000 fine and a 150-day suspension.

The appellant admitted the violation but appealed the penalty.

The Ontario Racing Commission accepted a joint submission, varying the penalty to a 75-day suspension and a $1000 fine, but extended the proposed probation period to three years due to the appellant's history of positive tests.

The appellant horse trainer appealed a ruling that found him in violation of the Rules of Standardbred Racing after his horse tested positive for elevated TCO2 levels.

The appellant argued that the test was invalid because the blood sample was taken 28 minutes prior to the race, outside the 20-minute window prescribed by the rules.

The Commission dismissed the appeal, accepting expert evidence that taking the sample further from race time actually benefited the horseman.

The panel concluded that the elevated TCO2 level could only result from human interference and upheld the violation.

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 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 appellant, a standardbred licensee, appealed a Judges' Ruling that placed his horse sixth for interference and imposed a three-day driving suspension.

During a Gold Eliminations Race, the appellant's horse came out in the stretch run and made contact with a trailing horse.

The appellant admitted to the contact but argued the trailing driver could have avoided it.

The Ontario Racing Commission dismissed the appeal, finding that interference occurred and noting that the judges had already reduced the standard five-day suspension to three days due to poor driving conditions.

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 licensee, a standardbred horse racing participant, appealed a suspension issued after a positive test for cocaine.

This was his third positive test within 24 months.

The licensee failed to attend the hearing before the Ontario Racing Commission.

The panel found the licensee in violation of the Rules of Standardbred Racing, imposing an 18-month suspension, a $2,500 fine for his failure to appear and abide by undertakings, and strict conditions for any future reinstatement, including a negative drug test and a probationary period.