Lynda Tanaka

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 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 standardbred owner/driver/trainer, appealed a decision placing his horse fourth for causing interference while off stride.

The appellant argued the break was caused by another driver's whip striking his horse in the face.

The Ontario Racing Commission dismissed the appeal, finding that while it was possible the horse was struck, the video evidence did not establish on a balance of probabilities that the whip hit the horse.

The licensees brought a pre-hearing motion requesting additional disclosure from the Administration, including detailed outlines of expected evidence, identification of specific documents to be relied upon, unredacted investigator notes, and all investigation reports.

The Commission dismissed the motion, finding that the disclosure already provided satisfied the requirements of the Statutory Powers Procedure Act, the Commission's Rules of Procedure, and common law procedural fairness.

The dismissal was subject to conditions requiring the disclosure of any future witness statements and a review of investigation reports for non-confidential portions.

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 appellants requested a hearing to determine the eligibility of their horse, CANYON WIND, to participate in the Breeders Crown No. 17 after missing the supplemental declaration deadline.

The Chair found that the entry did not comply with the Hambletonian Society's requirements, as the decision to enter was made at the last minute and the deadline was missed.

The Chair declined to exercise discretion to waive the breach of the rule, and the appeal was dismissed.

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.

Standardbred licensee William Elliott appealed a decision by Woodbine Entertainment Group (WEG) to disallow his horses' entries into stakes races after he received a second TCO2 positive test.

He also appealed the judges' refusal to immediately transfer his horses to new owners.

The Ontario Racing Commission dismissed the appeal, finding that the judges' normal process for investigating trainer transfers should not be circumvented.

The Commission further held that WEG appropriately exercised its discretion under its rules to refuse the entries, and the Commission would not interfere in what was essentially a private contract dispute absent an overriding public interest.

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 appellants appealed a decision of the Thoroughbred Industry Appeal Board that revised the order of finish in a horse race due to a bumping incident.

The Ontario Racing Commission conducted a hearing de novo and found that the appellant's horse deliberately moved out and interfered with the other horse, which impacted the outcome of the race.

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

Standardbred licensee Adam Kaminski appealed a decision by Hanover Raceway finding his horse ineligible to race in the Balanced Image Race because it had not paid its Ontario Sires Stakes (OSS) fees.

Kaminski argued that 'OSS eligible' meant the horse was sired by an Ontario stallion, regardless of whether nomination and sustaining payments were made.

The Ontario Racing Commission dismissed the appeal, with a dissenting opinion, holding that in the context of the race conditions and industry practice, 'OSS eligible' meant eligible to race with all appropriate OSS payments having been made.

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.

Standardbred licensee Terry Fritz appealed a judges' ruling that declared a race a 'No Contest' after a driver was unseated and a horse got loose on the first turn.

The Ontario Racing Commission dismissed the appeal, finding that the judges correctly called the race a 'No Contest' because all horses were interfered with and a loose horse presents a safety concern that precludes a proper contest.

The appellant, a standardbred owner and trainer, appealed a Judges' Ruling that fined him $5,000 and suspended him for 6 months for a violation of Rule 22.38(b) due to an excess level of TCO2 in his horse.

The Ontario Racing Commission dismissed the appeal and upheld the penalty, noting the appellant's history of rule compliance issues, including a previous TCO2 positive test within the last year, medication errors, and financial responsibility violations.

Standardbred licensee Sandy Jones appealed a suspension imposed after testing positive for THC Carboxylic Acid.

The positive test constituted a breach of the terms of his probation from a previous ruling.

The Ontario Racing Commission rejected the licensee's reliance on a private hair test to contradict the official urine analysis.

The Commission ordered a full suspension of his licence until August 22, 2007.

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.