Jane Garthson

The appellant, a standardbred driver, trainer, and owner, appealed a Director's Ruling that imposed a $1,000 fine and a one-year probation for possessing and using unauthorized medications on racehorses.

The appellant admitted to purchasing substances from an unlicensed supplier to save money, bypassing veterinary prescriptions.

The Ontario Racing Commission confirmed the penalty, emphasizing the need to protect the health and safety of racehorses and maintain public confidence in the integrity of the sport.

The Commission also held that the Executive Director was not required to hold a hearing prior to issuing the ruling, as the appeal process provided a hearing de novo.

Standardbred licensee Jeff Barkley appeared before the Ontario Racing Commission following a positive test for cocaine.

At the outset of the hearing, Barkley requested an adjournment to tender evidence contrary to the positive test result and to call witnesses.

The Panel granted the adjournment on the condition that Barkley summons all intended witnesses, comply with disclosure rules, and proceed peremptorily on the rescheduled date.

Standardbred licensee Jeff Barkley appealed to the Ontario Racing Commission following a positive test for cocaine.

The licensee did not contest the positive test and presented a joint submission on penalty with the Administration.

The Commission accepted the joint submission, ordering a five-month suspension of his licence and requiring continued attendance for counseling and treatment.

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 licensee, a standardbred veterinarian, appealed a Notice of Proposed Order by the Executive Director to revoke his licenses and impose a lifetime suspension for purchasing controlled substances from an unlicensed supplier.

The Commission found the licensee's explanations regarding his accounting records and drug inventory lacked credibility and upheld the finding that he would not act in accordance with the law, integrity, or the public interest.

The Commission set aside the lifetime suspension, instead imposing a 7-year suspension and a $25,000 fine.

The Executive Director of the Ontario Racing Commission ordered the immediate suspension and proposed the revocation and lifetime suspension of Dr. John Flanigan's licenses as a Standardbred driver, owner, trainer, and veterinarian.

The allegations centered on Dr. Flanigan's business relationship with an unlicensed individual, Fred Rogers, through whom he purchased unlabelled and controlled substances for use on racehorses, and permitted Rogers to use his veterinary credentials to acquire restricted drugs.

The Commission upheld the finding that Dr. Flanigan failed to act with integrity and in the public interest, but varied the penalty, ordering his licenses revoked and suspended for five years, along with a $25,000 fine.

Standardbred licensee Simon Allard appealed a one-year suspension and $10,000 fine resulting from a positive test for a class III substance.

The appellant failed to attend the scheduled hearing before the Ontario Racing Commission.

Upon motion by the Administration, the panel dismissed the appeal as abandoned.

Standardbred licensee Darrell Coville appeared before the Ontario Racing Commission following a second positive test for cocaine within a 24-month period.

The Commission accepted the Administration's recommended penalty, imposing a four-month suspension, mandatory completion of an addiction treatment program, and a one-year probationary period with random drug testing.

The Commission emphasized its strict policy against cocaine use in horse racing.

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 appellant appealed a ruling and requested a hearing regarding a proposed order to suspend his standardbred license for one year or until a US criminal indictment against him was resolved.

The Ontario Racing Commission upheld the proposed order, finding the Director had reasonable grounds to conclude the appellant would not act with honesty and integrity in the public interest, given the charges related to ephedrine and the use of a barn for its storage.

The Ontario Racing Commission heard applications for 2006 live and intertrack race dates from several track operators.

The Commission approved the race dates for Quinte Exhibition & Raceway on the condition that it would be its final year of operation at the existing facility.

The Commission also approved the race dates for Kawartha Downs Raceway, subject to a joint review of wagering levels with the Ontario Harness Horse Association.

The applications for Windsor Raceway and The New Hiawatha Horse Park were adjourned or deferred.

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.

Three standardbred owners/trainers appealed rulings by the Standardbred Judges at Grand River Raceway regarding alleged misconduct with respect to the horse LAVROS STAR N. The Ontario Racing Commission upheld the findings of improper conduct and rule violations regarding ownership and control for Matthew Shibley.

The Commission allowed Joseph Shibley's appeal regarding a hidden training interest but upheld other rule violations, reducing his penalty.

Patrick Shibley's appeal on liability was dismissed, but his penalty was reduced.

The Commission emphasized the importance of proper business practices and documentation in the horse racing industry.

The appellant, a standardbred owner, trainer, and driver, appealed a ruling finding he violated the Rules of Standardbred Racing by failing to report the deaths of two horses for which he was the trainer of record.

The Ontario Racing Commission dismissed the appeal on liability, finding the appellant failed to discharge his obligations.

The Commission allowed the appeal on penalty in part, modifying the licence suspensions and staying half of the $5,000 fine for one year, subject to conditions.

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 appellant, a thoroughbred trainer, appealed a Stewards' ruling fining him $1,500 for a positive drug test (Naquasone) on a horse under the day-to-day care of his assistant trainer at another track.

The majority of the Ontario Racing Commission allowed the appeal regarding the positive test, finding the appellant did not have 'charge, custody or care' of the horse as required by Rule 15.06.1.

However, the Commission substituted a finding that the appellant violated Rule 15.09.1(f) by failing to ensure his assistant trainer maintained appropriate medication records, and imposed a $1,500 fine for that violation.

A dissenting commissioner would have upheld the original ruling.

The appellants appealed Judges' Rulings finding them in violation of various Rules of Standardbred Racing related to hidden trainers and misleading investigators.

The Ontario Racing Commission granted the appeals regarding the hidden trainer allegations, finding that the named trainer did perform sufficient duties to be considered the trainer of record.

However, the Commission upheld the findings that the appellants misled investigators and submitted false licence applications.

Fines were imposed and licences suspended until payment.