Larry Todd

The appellants, thoroughbred owners, appealed a Stewards' Ruling that disqualified their horse from a first-place finish because they were unlicensed at the time of the race.

The Ontario Racing Commission allowed the appeal in part, quashing the disqualification and restoring the original order of finish so purse monies could be distributed.

However, the Commission fined each appellant $5,000 and placed their licences on probation until the fines were paid.

The appellant, a standardbred trainer, appealed a decision suspending his licence for 60 days and fining him $1,500 after a horse he trained tested positive for TCO2.

The Ontario Racing Commission dismissed the appeal on liability, finding the trainer failed to take adequate precautions to protect the horse, especially given the 'poisoned atmosphere' and threats in his barn.

However, considering the significant mitigating circumstances, the Commission allowed the appeal on penalty in part, reducing the suspension to 21 days while maintaining the $1,500 fine.

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.

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.

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.

The appellants, a standardbred owner/trainer and an owner/trainer/driver, appealed Judges' Rulings suspending them for two years and imposing fines of $10,000 and $50,000 respectively for violations of the Rules of Standardbred Racing.

The violations involved a scheme of hidden ownership where racehorses were transferred to avoid the consequences of a suspension and child support enforcement proceedings.

The Ontario Racing Commission upheld the findings of liability, concluding the transfers were not bona fide and the appellants misled investigators.

However, the Commission allowed the appeal on penalty, reducing the suspensions to three months and the fines to $3,000 each, considering the appellants' ability to pay and the statutory public interest.

The licensee, a standardbred owner, driver, and trainer, requested a hearing after the Deputy Director issued an order of immediate suspension and a notice of proposed order to revoke his license.

The licensee had improperly administered a nasal gastric tube to a racehorse, infusing fluids into its lungs and causing its death.

The Ontario Racing Commission found that the licensee's actions constituted cruelty to the horse, even without intent.

The Commission set aside the proposed revocation and instead ordered a three-year suspension from all participation in horse racing.

The Administration brought a motion to determine when the respondent standardbred trainer must serve a six-month suspension and pay $4,500 in fines previously ordered by the Commission.

The respondent and his counsel failed to appear or respond to the motion.

The Commission ordered the suspension to begin on April 1, 2004, with the fines payable by the end of the suspension period on September 30, 2004.

The appellant, a thoroughbred owner and trainer, appealed the decision of the Ontario Racing Industry Board of Appeal, which had disallowed his appeal of the Stewards' decision not to disqualify a horse for alleged interference during a race.

The Ontario Racing Commission heard evidence from several individuals and dismissed the appeal, with reasons provided orally on the record.

Windsor Raceway applied to the Ontario Racing Commission to reduce its 2004 live race dates by deleting 10 Friday and Saturday dates in February and March, and to change post times on Wednesdays and Sundays.

The Ontario Harness Horse Association supported the application.

The Commission approved the changes by a majority, though the Chair expressed reluctance and concern over the loss of prime weekend entertainment options for the public.

The Vice Chair dissented, finding insufficient evidence that replacing weekend racing with Sunday and Wednesday double-headers served the public interest or the well-being of horse racing.

The appellant, a standardbred trainer, appealed rulings suspending his license for six months and imposing fines for failing to comply with death registry reporting requirements and failing to have a written contract with owners.

The Commission found the appellant failed to report the death of a racehorse and transport it for a post-mortem.

The appeal was allowed in part; the six-month suspension and the $2,000 fine for the contract violation were upheld, but the $5,000 fine for the death registry violations was reduced to $2,500 due to the appellant's recent licensing and modest earnings.

The applicant, a licensed standardbred trainer, sought to have the Ontario Racing Commission review and rescind a trespass notice issued by the respondent racetrack operator, which excluded him from racing at its facilities following an equine drug violation.

The Commission first determined it had jurisdiction to review the exercise of the racetrack's private property rights where the issue primarily involved horse racing and the public interest.

On the merits, the Commission found that the racetrack's decision to exclude the trainer was a reasonable exercise of its property rights aimed at protecting the integrity of its racing product and business interests.

The Commission declined to modify the trespass notice and dismissed the trainer's request for reinstatement.

The appellant, a standardbred driver/owner/trainer, appealed decisions of the Executive Director and Director of Racing finding him liable for rule violations, suspending his licence for six months, and fining him $7,000.

The Ontario Racing Commission dismissed the appeal on liability but allowed the appeal on penalty, reducing the licence suspension to two months while maintaining the $7,000 fine.

A veterinarian appealed a six-month suspension and $5,000 fine imposed for submitting a falsified Coggins Certificate for a racehorse.

The Ontario Racing Commission found that while the veterinarian did not directly participate in creating the fraudulent document, he was ultimately responsible for the actions of his employee who fabricated it.

The Commission upheld the finding of liability and the $5,000 fine, but quashed the six-month suspension.

The applicant requested a hearing before the Ontario Racing Commission regarding the Deputy Director's Notice of Proposed Order to Revoke his licence as a standardbred owner, driver, and trainer, as well as an Order of Immediate Suspension.

Following a hearing where testimony was heard from multiple witnesses, the Commission ordered that the Proposed Order be set aside and the Order of Immediate Suspension be withdrawn.

The reasons for the decision were delivered orally and form part of the hearing transcript.

The applicant, a standardbred licensee, appealed a ruling of the Ontario Racing Commission.

The Commission ordered that the applicant may be licensed subject to strict conditions, including a maximum 18-month term, quarterly employment reports, random urine testing, and mandatory participation in a substance abuse program.

Any breach of the conditions would result in immediate revocation of the licence.

The appellant owner/trainer appealed a decision of the Industry Board of Appeal confirming the disqualification of his horse for causing interference during a race.

The Ontario Racing Commission reviewed video evidence and testimony from the stewards and jockeys, concluding that the appellant's horse impeded another horse, causing a chain reaction that resulted in a spill.

The appeal was dismissed and the disqualification affirmed.

A request by the Administration for a penalty for a frivolous appeal was denied by a majority of the panel.

Thoroughbred owner Richard Jukosky appealed the results of the 8th race at Woodbine Racetrack on September 28, 2003, in which his horse finished second and Dr. John Chandler's horse finished first.

After hearing evidence from several witnesses, the Ontario Racing Commission dismissed the appeal and confirmed the original order of finish.

The appellant, a standardbred owner and trainer, appealed a 30-day suspension and $1,000 fine for violating Rules 10.01(a) and (b) of the Rules of Standardbred Racing by possessing a hypodermic needle and injectables on the backstretch.

The Ontario Racing Commission dismissed the appeal, preferring the evidence of the security officer who witnessed the incident over the appellant's denials.

The Commission affirmed the penalty.