John Macdonald

The appellant, a thoroughbred licensee, appealed a Stewards' ruling that denied an extension of her Apprentice Jockey Certificate after the three-year time limit expired.

The Ontario Racing Commission allowed the appeal, finding that extenuating medical circumstances justified granting an extension of her apprentice licence for the 2012 calendar year.

The licensee, a standardbred driver/trainer/owner, was suspended after a follow-up urine sample tested positive for cocaine, violating his post-violation agreement.

He subsequently provided a negative sample and applied for a reinstatement hearing.

The Ontario Racing Commission ordered his licences reinstated subject to conditions, including a $500 fine, payment of $834 in outstanding costs, entering into a new two-year post-violation agreement, and providing evidence of completion of a substance abuse professional's recommendations and attendance at an after-care program.

The appellant, a standardbred licensee, appealed a three-day driving suspension issued by the Judges for bearing out and causing interference by hooking the wheel of another horse during a race.

The Ontario Racing Commission heard the appeal and reviewed the video evidence.

The Commission found that the appellant initiated the contact by moving out and hooking the other horse's wheel, causing the interference.

The appeal was denied and the three-day suspension was upheld.

The appellant, a standardbred licensee, appealed an official ruling that placed his horse from 4th to 8th position for causing interference while off stride.

The Ontario Racing Commission heard the appeal and reviewed video evidence and testimony.

The Commissioner found that the appellant failed to take remedial action soon enough when his horse broke stride, effectively taking himself out of the race but not before causing interference.

The appeal was denied and the Judges' placing was upheld.

The licensee appealed a $100 fine issued by the Stewards for failing to fulfill his riding engagements and failing to notify the race office in a timely manner.

At the hearing, the licensee's representative requested that the appeal be withdrawn.

The Ontario Racing Commission accepted the withdrawal, and the $100 fine remained payable prior to the 2012 racing season.

The licensee, a thoroughbred jockey, appealed a three-day riding suspension imposed by the Stewards for careless riding and interference during a race.

The Ontario Racing Commission heard the appeal and reviewed the evidence, including testimony from the Stewards and jockeys.

The Commission found that while an infraction occurred, it was not serious enough to warrant a full three-day suspension.

The appeal was denied in part, but the penalty was varied to a three-day suspension with two days stayed, provided the licensee commits no further riding infractions within a one-year period.

The trainer of the horse Fiddlers Patriot appealed a Stewards' ruling that disallowed a claim of foul against the horse Signature Red in the Highlander Stakes.

The appellant sought to have Signature Red disqualified and placed third, which would move Fiddlers Patriot to first place.

The Ontario Racing Commission panel reviewed video and photographic evidence and heard testimony from jockeys and stewards.

The panel found that any deviation by Signature Red was slight and did not constitute interference, and that the closing of the lane was caused by another horse bearing out.

The appeal was dismissed and the original order of finish was confirmed.

Four members of the Woodbine Racetrack starting gate crew were suspended after refusing to provide breath samples for alcohol testing.

The applicants argued the breathalyzer machine was malfunctioning because it displayed a '999' code, which actually indicated a low battery.

The Ontario Racing Commission upheld the suspensions, finding that as 'safety sensitive personnel', the crew was required to provide samples at any time while engaged in their duties.

The applicants failed to establish a reasonable excuse for their refusal.

Each applicant was fined $100 and ordered to complete a substance abuse assessment.

Great Canadian Gaming Corporation (GCGC) appealed the terms and conditions of its racetrack licences for Flamboro Downs and Georgian Downs, which required cooperation with financial examinations of GCGC and its associated companies.

The Ontario Racing Commission dismissed the appeal, finding that the Director has the jurisdiction to impose such conditions under the Racing Commission Act.

The panel held that full financial disclosure of the parent company is necessary to understand the operations of the subsidiaries and to properly discharge the Director's regulatory duties.

The licensee appealed the denial of a stay of rulings that fined him $5,000, suspended him for one year, suspended several of his horses, and held purse monies pending a court injunction.

The Ontario Racing Commission panel dismissed the appeal and denied the stay, citing the seriousness of the conduct, the licensee's prior probation for anger management, and the negative public perception of granting a stay.

The licensee appealed a ruling that fined him $300 and suspended him for one day for excessive use of his crop during a thoroughbred race.

At the hearing, the licensee's agent advised that the licensee wished to withdraw his appeal and serve his penalty.

The Administration recommended that the appeal be withdrawn without a cost penalty due to a recently completed review of the urging rules.

The Panel agreed and allowed the withdrawal without costs.

The appellant, a thoroughbred jockey, appealed a ruling that fined him $300 and suspended him for one racing day for raising his hand above his head while urging his mount, in violation of the Rules of Thoroughbred Racing.

Given a recent review of the urging rules and recommendations by the ORC Committee of Inquiry, the Administration did not dispute the appeal.

The Panel ordered that the penalty be withdrawn.

The appellant, a thoroughbred jockey, appealed a ruling that fined her $500 and suspended her for three days for violating the urging rules by raising her hand above her shoulder while striking her mount.

At the hearing, the Administration agreed to withdraw the penalty in light of a recently completed review of the urging rules and subsequent recommendations of the ORC Committee of Inquiry.

The panel ordered the penalty withdrawn.

The appellant, a thoroughbred jockey, appealed a ruling that fined him $300 and suspended him for one racing day for raising his hand above his head while urging his mount.

Given a recently completed review of the urging rules and subsequent recommendations of the ORC Committee of Inquiry, the Administration did not dispute the appeal.

The Panel ordered that the penalty be withdrawn.

The appellant, a thoroughbred jockey, appealed a ruling that fined him $500 and suspended him for three racing days for excessive urging (using the riding crop more than three times in succession) during a race.

The Ontario Racing Commission dismissed the appeal, finding that the video evidence clearly showed five successive hits without giving the horse time to respond, in violation of the rules.

The licensee appealed a condition of a stay of his suspension for cruelty to a horse, which prohibited him from attending the grounds of Rideau Carleton Raceway without permission of the Judges.

The Ontario Racing Commission dismissed the appeal, finding that the condition was reasonable and that the licensee had not demonstrated that he had been unreasonably refused permission to attend the grounds for specific purposes.

The licensee, a standardbred owner/trainer, failed to present himself to provide a sample for random drug and alcohol testing, resulting in a suspension.

At the reinstatement hearing, the Ontario Racing Commission emphasized the seriousness of failing to report for random testing.

The Commission ordered the licensee to pay a $500 fine, serve a suspension until February 20, 2011, and enter into a one-year post-violation agreement.

The applicant sought clarification on the expiration date of a five-year suspension imposed by the Ontario Racing Commission.

The applicant argued the suspension should run from the date of the initial immediate suspension, while the Commission argued it should run from the date of the panel's decision.

The panel determined that the penalty commenced when it was imposed, as no credit for pre-hearing suspension time was explicitly granted in the original decision.

The suspension was ordered to expire on April 30, 2011.

The Ontario Harness Horse Association (OHHA) appealed the Director's decision regarding the Ontario Racing Program 2011.

The ORC Administration brought a motion to dismiss the appeal, arguing the Panel lacked jurisdiction to reverse the Commission's Policy Decision on the Framework.

The Panel ruled that while it has no jurisdiction to reverse the Framework as an ORC Policy, it does have jurisdiction to alter race dates within the Framework.

Therefore, the Panel has jurisdiction to hear the appeal on the merits and grant relief within the Framework.

The appellants, standardbred licensees, failed to appear for their appeal hearing regarding the proposed revocation of their licences.

Their representative and counsel for the Administration agreed to adjourn the hearing to a peremptory date.

The panel granted the adjournment and ordered the appellants to collectively pay $1,000 in costs thrown away due to their failure to attend.